19 Oct 2015

Name suppression refused in condom case

7:49 pm on 19 October 2015

Permanent name suppression has been refused for a man prosecuted for failing to use a condom while with a prostitute.

Wellington High Court

Photo: RNZ / Alexander Robertson

Andrew Houpt, who had been working as a real estate agent in the Hutt Valley, appeared in the Wellington District Court earlier this year, where he sought a discharge without conviction.

Judge Bill Hastings agreed with Mr Houpt's lawyer that a conviction would outweigh the gravity of Mr Houpt's offending and granted the discharge, but refused to grant permanent name suppression.

Mr Houpt's lawyer, Mike Antunovic, appealed that decision in the High Court and Justice Clifford has today ruled that Mr Houpt will not suffer extreme hardship if he is named.

Justice Clifford said Judge Hastings' assessment that naming Mr Houpt would cause him embarrassment, rather than extreme hardship, was an accurate one.