Herald wins challenge against judge's suppression decision

A judge’s decision to permanently suppress the name of a man who helped a crash victim before robbing her has been quashed following a challenge by the Herald.

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.

However, last week the Herald challenged the decision in the High Court and Justice Timothy Brewer released his decision and ruled in favour of the newspaper.

The offender, who did not produce any evidence of attending the rehab clinic, can still not be named after his lawyer, Devon Kemp, indicated he would seek to challenge Brewer’s decision in the Court of Appeal.

The man first helped but then robbed Shevaughn Johnstone just moments after she was involved in a serious crash in Papakura last year.

Johnstone was unable to be identified at the scene by paramedics because her wallet had been stolen.

Brewer said that McNaughton had “erred” when granting permanent name suppression and instead should have extended interim suppression for the period the offender was in rehab, to curb his concerns.

McNaughton failed to inquire about Johnstone’s views, Brewer said. Johnstone later indicated she ardently opposed permanent suppression.

She told the Herald she was appalled and wanted the robber named for the good of the community.