Pregnant cop in poolside fight
A police constable who assaulted a woman in a poolside fracas has lost her battle to keep her name secret.
Lee-ann Mainwaring was discharged without conviction when she appeared in the Palmerston North District Court for sentencing in December, but her bid for permanent name suppression was denied. However, suppression remained while she appealed against the ruling to the High Court.
At a hearing in Wellington earlier this month, Justice Francis Cooke dismissed the appeal and suppression has now lapsed.
‘‘I agree with the district court judge that there is a strong presumption in favour of openness, and also that it is generally desirable to favour transparency when a police officer has obtained a discharge without conviction after committing an offence such as assault,’’ the judge said.
The assault happened at a family gathering in December 2017 at The Lido public swimming pool in Palmerston North.
Mainwaring, who was nine months’ pregnant, was with her mother when a female extended
family member abused the pair, within earshot of nearby children.
Mainwaring, who was off duty, said she feared for her safety, so punched the other woman three times, causing a split lip and bruising.
The sentencing judge, Lance Rowe, found the offending was low level and Mainwaring, who had no previous convictions, was under ‘‘significant stress, both emotionally and physically, which explained her behaviour’’.
Rowe said she would probably have received diversion if she weren’t a police employee and the court heard it was initially approved, until someone higher up the police chain of command intervened.
Mainwaring’s lawyer Steve Winter argued naming her could make her job harder, but Rowe ruled open justice outweighed such concerns, which weren’t supported anyway.
At the appeal hearing, Winter said it was in the public interest for police officers to carry out their duty with ‘‘minimal risk of harm’’ and the sentencing judge was wrong to say more evidence was required to support the idea that Mainwaring’s work would become more dangerous.
Police opposed suppression. They have also ruled that Mainwaring can continue as a police officer, two factors Cooke took into account.
Away from court, police relieving Manawatu¯ area commander Inspector Ross Grantham said a ‘‘thorough internal employment investigation’’ was completed and Mainwaring had continued her employment with police. ‘‘As a fair and reasonable employer, New Zealand Police consider all circumstances in these instances, and believe the officer concerned will continue to add value to both police and her community.’’