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R v Wallace [2019] NZDC 5986

Published 23 August 2023

Pretrial — name suppression — obstructing the course of justice — Criminal Procedure Act 2011, ss 200 & 202 — Robertson v Police [2015] NZCA 7. Three defendants faced charges arising from alleged sexual assaults. The second defendant faced three charges of obstructing the course of justice by attempting to dissuade a complainant from giving evidence against the first defendant. In the current application the second defendant sought continued name suppression. He submitted that publication of his name would cause extreme hardship to a charitable foundation, the foundation's employees and those who benefited from the foundation's work. The Court found that the defendant had presented no evidence to support his submission. Further, he had had time to organise the running of the foundation to prepare for his possible conviction and negative publicity. The application was dismissed. NOTE: this judgment was confirmed on appeal to the High Court in W v R [2019] NZHC 1350. Judgment Date: 3 April 2019.