Silence in the Court

by Whaleoil on January 16, 2010 · 7 comments

The NZ Her­ald weighs in on the debate over name sup­pres­sion. This is a very good sum­ma­tion of the pros and cons of our cur­rent sup­pres­sion sys­tem and dis­pels some myths about name suppression.

The can­vas these argu­ments (my view is in brackets) :

  • Every accused per­son should get name sup­pres­sion until con­victed. (No)
  • The accused should get name sup­pres­sion in sex cases where the vic­tim is related in order to pro­tect the victim’s iden­tity. (No, we should imple­ment the Capill Solu­tion where the vic­tim and the nature of the rela­tion­ship are sup­pressed but not the accused)
  • Sup­pres­sion orders penalise print media (Yes)
  • Promi­nent peo­ple should have a greater right to name sup­pres­sion (No WAY)
  • The inter­net makes sup­pres­sion orders impo­tent (Yes)

They make only one silly statement:

As demon­strated by the fact that Slater has been charged for alleged breaches of court orders. inter­net posters can be traced and pros­e­cuted, as can old media.

Uhhhhmmm…it wasn’t like I was hiding.

Whether or not the inter­net played a role by increas­ing the pool of those in the know, a curi­ous John Key learned the name of the enter­tainer (found to have com­mit­ted a sex offence, dis­charged with­out con­vic­tion, granted per­ma­nent name sup­pres­sion) by ask­ing some­one he knew.

The Prime Min­is­ter believes the ease with which he learned the name shows sup­pres­sion orders are not working.

The penalty of $1000 is hardly a deter­rent to breach­ing an order, some­thing that is acknowl­edged by the Law Com­mis­sion which rec­om­mends it be greatly increased.

This is one of my con­cerns with the Law Com­mis­sion pro­pos­als. They don’t address the issues that the pub­lic is talk­ing about, that of trans­parency of the court sys­tem, some­thing sup­pres­sion clearly breaches. Rather than solve the prob­lem by match­ing our laws with like juris­dic­tions their answer is once over lightly re-write and and increase in fines. We need more open-ness and more trans­parency not more hiding.

They men­tion the Solicitor-General, David Collins pur­su­ing pros­e­cu­tion for con­tempt of court and breach­ing name sup­pres­sion. David Collins has been blab­bing on about this exten­sively for some time and claims three scalps so far and in pri­vate and in pub­lic has stated that he is going to make an exam­ple of a blog­ger this year.

I won­der per­haps if David Collins’ cru­sade isn’t a bit of Pot, Ket­tle, Black.

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{ 5 comments }

The_Grizz January 16, 2010 at 3:09 am

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Watch­ing your Tweets. Keep on find­ing inno­v­a­tive ways to fuck with the Fuzz!

John January 16, 2010 at 4:12 am

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How does this man stay in his job?

anon January 16, 2010 at 8:48 am

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I find this whole debate inter­est­ing as when sex­ual preda­tor was using an inter­net dat­ing site recently (last year?) and his user-name was printed in the media sev­eral more vic­tims came for­ward and actu­ally strength­ened the police case AND it also meant that women in the Hamil­ton area were aware he was out there and took appro­pri­ate cau­tions not to become another one of his vic­tims. The bound­aries need to be pushed and clar­i­fied as to who they are actu­ally protecting.

Bah January 16, 2010 at 10:52 pm

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wha­le­oil… were you ever sex­u­ally abused as a child?

Anon January 16, 2010 at 11:40 pm

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What really pisses the pigs off is that any Joe Schmo with a crap com­puter can use encryp­tion which the pigs could never crack,

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