The man who admitted assaulting two teenage boys at a Young Labour summer camp is set to take his fight for name suppression to the Court of Appeal.
Photo: RNZ / Cole Eastham-Farrelly
The 22-year-old stood trial in September last year accused of indecently assaulting four teenagers - two males and two females.
His trial came to an abrupt halt when he reached a plea deal with the prosecutor - pleading guilty to two charges of common assault against the two males, for events that took place during a party at the camp near Waihi at the start of 2018.
At sentencing, Judge Russell Collins said the gravity of his offending was low and wasn't for any sexual gratification, before discharging him without conviction.
But Judge Collins refused to grant him name suppression at sentencing. His name remained a secret after his lawyer, Emma Priest, immediately appealed the decision to the High Court.
At the High Court, Priest argued her client had suffered through an "intense and highly publicised" trial, and an "intense and negatively toned" media frenzy had vilified and tainted his character beyond repair.
She said despite pleading guilty to assault charges and being discharged without conviction, the man continues to be mischaracterised as a sexual offender.
Members of the public had labelled him as a "sexual predator" and the "Labour Youth Camp pervert" on social media platforms, she told the court.
Meanwhile, Crown Prosecutor Emma Woolley said intense media coverage was to be expected in a high-profile case.
Justice Christian Whata dismissed the 22-year-old's bid for permanent name suppression.
In his decision, the judge said if the man was to be identified, the reputational impact would likely be severe.
"He will likely become a target, not only for legitimate criticism, but for unfair vitriol and vilification as a sexual offender."
The publication of the initial allegations of sexual offending would have a significant impact on the man, Justice Whata said.
"His life will likely be defined by these events for the foreseeable future.
"He will likely be identified and vilified, wrongly, as a sexual offender, and there is a real and appreciable risk that a career in his chosen profession will be denied to him."
However, Justice Whata said there was not enough evidence to show the man would be ostracised.
There continued to be legitimate interest in the man's name, he said, because of the initial allegation and his connection to Young Labour.
"Where the man did not sexually offend, his actions still legitimately attract public scrutiny, including from within his own community and prospective employers. In addition, the evident political dimension to the coverage and corresponding public interest, strongly favours transparency to maintain confidence in the integrity and independence of the judicial process."
Despite dismissing the appeal, the man's identity has remained a secret, as Justice Whata continued name suppression until 1 May, or until an appeal was lodged.
The man's lawyer, Emma Priest, has confirmed to RNZ they will be appealing the decision to the Court of Appeal. This means his name will remain secret, for now.
A Court of Appeal hearing date has not yet been set.
