Judge’s decision faces challenge

High Court will consider call on ‘callous’ offender

Ajudge who permanently suppressed a serial offender’s name due to fears publication would severely compromise his rehab efforts sits on the board at the addiction clinic the robber had applied to attend.

Now, after the Herald challenged the legal decision yesterday, the High Court will decide if the judge erred by drawing on personal experience rather than the evidence before him.

Judge David McNaughton, who sits at the Manukau District Court, suppressed the man’s name in August because of concerns his alcohol and drug rehabilitation at Odyssey House could be severely compromised if he was identified.

The man, who was breaching an intensive supervision sentence at the time, helped Shevaughn Johnstone out of her car after a crash in Papakura last year before robbing her.

Johnstone, who was unable to be identified in the crumpled car by paramedics because her wallet was stolen, is also opposed to the man’s permanent name suppression.

Judge McNaughton has been a member of the Odyssey House board of trustees since September 2013, the Charities Services register shows.

An organisation which the offender’s mother worked for also hosted Odyssey House, the court heard yesterday.

When making his decision, Judge McNaughton said publicity may force the mum to quit her well-known position and her organisation could fold under financial pressures.

The robber’s lawyer, Devon Kemp, admitted yesterday that his client was a “callous” offender but publishing would “compromise [his mum’s] reputation” and “devastate the institution”.

Justice Timothy Brewer, who heard the Herald’s appeal, said he would consider if Judge McNaughton erred by drawing on his personal experience with the clinic.

When referencing his “direct experience” with defendants undertaking substance abuse programmes in his decision, Judge McNaughton claimed a resident at the clinic quit his treatment and went on an armed crime spree “as a direct result” of a Weekend Herald story.

The front-page article detailed how fraudsters Rose Te Raumahi Hira and Adam Matthew Deed posed as hospital staff and school visitors to steal credit cards from medical staff and teachers, before spending more than $50,000 on jewellery and other items.

It was unknown if the offender whose name was suppressed had received treatment at Odyssey House for his substance abuse.

“I need to know whether he is currently there, or not,” Justice Brewer said. He told Kemp to find out before he delivered his reserved decision.

The Herald asked Chief District Court Judge Jan-Marie Doogue about Judge McNaughton’s role at Odyssey House but neither Judge Doogue nor Judge McNaughton would comment while the case was before the courts.

Judge Richard McIlraith was due to hear the case but recused himself because of a conflict of interest.

Odyssey House has had only one other sitting judge on its board of trustees, Judge Philippa Cunningham. She left the role in 2012, the Charities Services register shows.

Justice Anne Hinton was a board member but relinquished her role in 2015 shortly after being sworn in as a High Court judge.

Odyssey chief executive Fiona Trevelyan confirmed all three judges had all sat on the board of trustees.

Johnstone’s offender was released from custody on July 19 with time already served for his 12 months’ imprisonment sentence.

He was also convicted of driving while disqualified, drink driving, breaching community work, failing to answer bail, and giving false details at the same time and the sentence covered those convictions too.