Otago Daily Times

Name suppressio­n protects family

- CRAIG KAPITAN

AUCKLAND: An Auckland man accused of causing an infant girl’s death can keep his identity secret until the completion of his 2024 murder trial due to fears villagers from his hometown overseas could burn down his parents’ house and banish them.

The 24yearold was charged with murder in May after the infant was taken to Watford Medical Centre in Otara with critical injuries. CPR was administer­ed but the child was pronounced dead at the clinic.

The man pleaded not guilty to the charge in July while appearing in the High Court at Auckland.

During a name suppressio­n hearing last month, counsel Joanna Murdoch said her client’s parents lived in a small village in the Pacific where the village chief had the power to mete out punishment to entire families when learning of alleged crimes.

The man’s parents said the charge would be seen as bringing shame to the village even though it had not yet been tested by a judge or jury.

‘‘This may take the form of monetary penalty or a requiremen­t that they hand over livestock,’’ Justice Graham Lang said in his written decision, which was released last week.

‘‘[The defendant’s mother] also says it is probable that they will be evicted from their home and that other villagers will attack the family and set fire to their house. She is concerned that she and her husband will be told to leave the village and never return.’’

The defendant’s mother said the news could travel to the village within hours if name suppressio­n was lifted due to the ‘‘village grapevine’’ and diaspora of others to New Zealand.

Justice Lang agreed the punishment, if carried out, would amount to ‘‘extreme hardship’’ for the parents.

‘‘Such consequenc­es would plainly fall well outside those that would normally follow publicatio­n of the fact that a person has been charged with criminal offending,’’ he wrote.

Justice Lang said prosecutor­s could raise the issue again if material is found suggesting evidence from the defence witness was unreliable. In the meantime, name suppressio­n will remain. —

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