A message for sportsmen behaving badly
Former All Black Zac Guildford’s name suppression for punching a woman in the face has lapsed. It should serve as a warning to other badly behaved sportsmen who try to hide behind their careers.
The incident happened in 2019, in a car, when Guildford was extremely intoxicated. His District Court case was told that without ‘‘forewarning’’, he administered a ‘‘savage blow’’ to the woman’s face. She has ongoing health implications because of the assault.
Guildford fought for permanent name suppression at his January sentencing, in the Hamilton District Court, after previously pleading guilty to a charge of male assaults female.
His request was denied by Judge Robert Spear at sentencing, but his lawyer appealed. That appeal has now been dismissed by Justice Paul Davison in the High Court and the sentence of two years of intensive supervision also stands.
Guildford fought to keep his name and sentence secret on the grounds that it would impact his chances of playing rugby overseas.
Judge Spear rejected that claim.
‘‘You are, I am sure, perfectly able to make a living in this country without the need to go overseas. It may not be as lucrative, at least in New Zealand, insofar as [sport] is concerned, you are well known and your ability is well understood.’’
Guildford’s lawyer suggested naming him would lead to ‘‘cancel’’ or ‘‘call-out’’ culture on social media, but Judge Spear said Guildford would have to face that.
‘‘It may be that your true test of character is going to be tested by dealing with that but, in the end, you have to grow up and move past this and you cannot do that by hiding.
‘‘. . . I can see no good reason
. . . why the public should not know who the sportsman is who has been convicted of assaulting a woman so brutally . . . ’’
Justice Davison backed that up.
‘‘People such as the appellant who are well-known by reason of their social prominence for sport or any other field or occupation, are not to be treated any differently than anyone else when it comes to the question of name suppression, unless they establish the likelihood that publication of their name will cause them extreme hardship.’’ Line drawn. Guildford’s battle with the bottle, and subsequent transgressions have been widely reported on, but he’s not the first to plead with a judge to show them leniency so they can continue a sporting career.
In 2019 Highlanders and Southland Stags player Manaaki Selby-Rickit pleaded guilty to injuring with reckless disregard after he punched then kicked a man in the head. The survivor sustained a broken jaw. He had been drinking too.
Selby-Rickit applied for a discharge without a conviction, citing it would impact his career. It was denied. He was banned from playing rugby for four weeks.
In 2018 All Black Sevu Reece was discharged without conviction, following a domestic violence incident in which his partner was injured. He, too, had been drinking.
His lawyer, at the time, argued the court needed to consider whether any other person who wasn’t a professional rugby player would be facing consequences of this magnitude. He got fined $750 and continued playing rugby.
Then there’s former Wellington player Losi Filipo, who, in 2016 was sentenced to nine months supervision for assaulting four people, including two women. He stomped on one of the survivor’s head. Again, alcohol was involved. Justice David Collins called it ‘‘a chilling act of violence’’.
Filipo was originally discharged without conviction when the judge ruled he should be able to fulfil his sporting potential. That was overturned following an appeal by the police.
In February, aspiring Formula One racer Faine Kahia escaped a rape conviction after a judge ruled it would be ‘‘the end of your career in motorsport’’.
Now a new line has been drawn.
Sportsmen, like the rest of us, need to be responsible for their actions. If it impacts their ability to represent us on the world stage, then so be it.
Sportsmen should not be immune just because they are good at kicking a ball or driving a car, and the Guildford ruling indicates sportsmen need to step up and own up.