KEY POINTS:
The principle of open justice overrides a defendant's concerns for personal safety, a judge has ruled.
Judge Noel Cocurullo yesterday allowed news organisations to photograph Karma Jasmine McIvor, who is charged with drink-driving causing death.
McIvor had opposed an application by the media to photograph her in the Whakatane District Court on the basis that publication of her image could result in threats to her safety.
The 22-year-old is charged with drink-driving causing the death of 15-year-old Stevie Ray Marks and injuring Stevie Ray's two cousins, also 15, at Matata.
Police said McIvor was almost twice the legal breath alcohol limit when she allegedly drove into the trio on August 21, then fled the scene.
McIvor has entered no plea to four charges, including failing to stop and ascertain injury.
Judge Cocurullo said while it was possible there was ill-feeling towards McIvor in the community, she had received no direct threats to her safety.
He said he understood her concerns, but had a responsibility to consider the principle of open justice in granting the photo application.
"The openness of these proceedings must prevail," he said.
McIvor's lawyer, Tony Balme, said she had fears for her safety because she lived not far from Matata and there were strong feelings among locals about the incident.
"It's appreciated that it's a terribly traumatic event for the whole community," he said.
McIvor, who was supported by a large contingent of family at the hearing, attempted to hide her face while standing in the dock.
She was remanded on bail until October 10 to allow time for a reconstruction report of the incident to be prepared.
