Publicity may hurt chance of fair trial

AUCKLAND: New Zealand’s leading barristers are concerned the trial for the man accused of British backpacker Grace Millane’s murder may have already been compromised because of continuous suppression breaches.

The latest example occurred when Google sent a mass email to New Zealand subscribers naming the 26yearold accused.

The tech giant’s email was sent to anyone signed up to its ‘‘what’s trending in New Zealand’’ service.

The generic noreply email named the accused in its subject heading.

More than 100,000 searches of the 26yearold’s name were also made, according to the email.

New Zealand Bar Association vicepresident Jonathan Eaton QC said while the case had naturally sparked a very strong public response, the public and media needed to respect the accused’s fair trial rights.

‘‘There is an alarming trend in the reporting and the sharing of information of this case that could open the way to defence counsel arguing that the accused could not get a fair trial,’’ he said.

Bar Association president Kate Davenport QC also called for those who are breaching the interim suppression order, or suggesting ways people can circumvent it, to stop.

Mr Eaton said the breaches were not only endangering a fair trial but potentially any future trial at all.

‘‘The publicity about the accused undermines the prospect of finding an impartial jury.’’

Earlier yesterday, Justice Minister Andrew Little said if police were willing to find the source who leaked the name they would be prosecuted.

‘‘If we can trace the publication of it to somebody in New Zealand at the time, then they can be done for contempt of court.’’

He said the British press were able to name the accused after his court appearance because ‘‘someone in New Zealand provided those details’’.

A A shovel sought by police in relation to the Grace Millane murder has been found.

Detective Inspector Scott Beard announced yesterday the item was recovered by detectives earlier yesterday, as a result of the continued examination of CCTV footage.

It was found in the central West Auckland area.

‘‘Police would like to thank those members of the public who called the 0800 number with various sightings of similar items,’’ he said.