Supreme Court rejects appeal against name erasure of Wellington rapist

Photo: RNZ / Rebekah Parsons-King

A convicted rapist at the centre of a lengthy rape trial in Wellington has lost another bid to keep his name secret, but his name will be kept secret until the end of June so he can appeal the verdict.

The case, which at times involved several plaintiffs, ended last year after a second trial with a man sentenced to three years and nine months in prison on a single charge.

In his verdict in the Wellington District Court in January, Judge Peter Hobbs refused to permanently suppress his name – but the man appealed against this in the Supreme Court in Wellington in April.

However, in her ruling published on Wednesday, Judge Helen McQueen also rejected the suppression.

The police investigation – codenamed “Operation Emerald” – was triggered by dozens of allegations of sexual assault that emerged on social media.

At the Supreme Court hearing, the man’s lawyer, Sam Campbell, argued that the social media “firestorm”, which included death threats, would erupt again if the name suppression was lifted.

The man’s name is “very identifiable,” he has no support from friends or family and is still young. If his name is kept secret, there is a chance of rehabilitation, Campbell added.

However, the man’s circumstances did not meet the threshold of “extreme hardship” that must be proven to allow name suppression, Judge McQueen said.

She acknowledged that the man had an identifiable name, that once his name was published the case would receive mainstream media and social media attention, and that he had little support.

“The combination of these factors will cause him distress, embarrassment and great hardship,” she said.

“Ultimately, however, I believe that these factors alone are not sufficient to establish that he will face extreme hardship following publication.”

The man’s temporary name removal will expire at 5 p.m. on June 27 unless he appeals Judge McQueen’s decision to the Court of Appeal.