Millane killer’s namewill stay hidden — for now
Inmate needs to convince justices he shouldn’t lose suppression order
The Supreme Court has signalled a quick resolution to a last-minute order preventing media from publishing the identity of Grace Millane’s murderer.
With just minutes before the man’s suppression was due to lapse at 11am yesterday, the country’s top court decided to continue name suppression — at least for a few days.
At 10.37am, the Supreme Court delivered a judgment to the killer’s legal team, prosecutors and media ordering the extension of suppression “until further order of the court”.
However, Chief Justice Helen Winkelmann, and Justices William Young and Mark O’regan, only gave the killer until 5pm yesterday to submit why he should keep suppression.
The Crown and media were told to file and serve responding arguments by 10am Monday.
“The court will then deal with the application for leave on the papers,” the Supreme Court’s decision read.
It is possible a decision may reached before the Christmas break.
The court hearings have cost thousands in legal aid. The Ministry of Justice told the Weekend Herald the murderer’s legal-aid costs were $406,173.95.
Shortly after the Supreme Court’s announcement, the Court of Appeal delivered its decision on the killer’s appeal of his conviction and sentence for fatally strangling the British backpacker, whom he met on the dating app Tinder, in December 2018.
Both appeals were dismissed but the man continues to claim his innocence and asserts Millane died during rough sex. He has already said a second appeal to the Supreme Court will occur.
When throwing out the challenges, the Court of Appeal judges ruled the Crown was not required to disprove consent or an honest belief in it at the high-profile trial last November.
“On appeal at least, the Crown does not suggest he set out to kill Ms Millane. Rather, it says he intended to cause her bodily injury by strangulation, for sexual effect, knew that was likely to cause death and consciously ran that risk,” the judgment reads.
“Consent is not available as a matter of law where there is an intent to cause injury known to be likely to cause death, that risk is run, and death ensues.”
The Court of Appeal said Justice Moore was correct when imposing a nonparole period of 17 years.
“To be plain about matters, it really is very difficult to imagine much greater
be
vulnerability than the situation Ms Millane found herself in on the evening of Saturday, December 1, 2018.”
After she died, the killer searched the internet for ways to dispose of her body — which was discovered in a grave in the Waita¯kere Ranges — looked at pornography online, and took intimate photos of her naked body.
He also went on another date while Millane’s body was in his Auckland hotel apartment.
“We conclude that this behaviour is indicative of a degree of wholly selfregarding wickedness throughout the incident and its aftermath.”
In a statement, Millane’s family thanked the judges and others involved in the case.
“We would also like to thank the people of New Zealand for the love and support they have shown to Grace and our family over the last two years.”
“Grace was a kind, fun-loving daughter, sister, granddaughter, niece, aunty, cousin and friend with her whole life ahead of her. She was enjoying the first of what would have been a lifetime of adventures before her life was so cruelly and brutally cut short by her murderer.”
The family said while the focus would inevitably be on the outcome of the legal process, their girl was at the forefront of their minds.
“As a family, our hearts and our love will always be with our beautiful Grace,” they said. “Grace, you are, and will always be, our sunshine.”