Ele Ludemann: Name suppression creates more victims

This post deals with the suppression of the name, family name and the company associated with them permanently suppressed. Do not leave any comments which could identify any of them.

Suppressing the name of a man convicted of importing and possessing child sex abuse material has created more victims.

The first was a man wrongly named as the one who was convicted.

That he’s not in gaol proves his innocence but there can’t be many other men who are members of a wealthy family the same age as the convicted one and now they are all under suspicion until they too prove they’re not incarcerated.

Naming the man would no doubt be upsetting and embarrassing for his family and could damage the company.

The NBR reports that Customs, which brought the charges against the man are considering appealing the suppression order.

They also report that one of the grounds used for the suppression was that not applying it could cause extreme hardship and endanger their safety.

But another man who was convicted of a similar crime this week was named. There is no mention of his family’s name nor any mention of a company associated with them, but no doubt they are upset and embarrassed.

Both cases raise questions about name suppression.

• Are some people who are convicted of crimes are more equal than others, suggesting a two-tier justice system which protects the wealthy?
• If a name is suppressed should any other details that could cast suspicion on other innocent people also be suppressed to protect them?
• Does suppression make it worse for victims of crimes?
• Do judges consider the plight of others who might be suspected of crimes if some details, eg age, occupation and family wealth are public?
• Is suppression used too often and are the grounds for using it too flexible?

There are grounds for suppressing names before and during a trial in case those convicted are found not guilty but tainted by the accusations against them, but is suppression used too arbitrarily, too liberally and too unfairly?

Should it be used at all?

Ele Ludemann is a North Otago farmer and journalist, who blogs HERE - where this article was sourced.