Accused granted secrecy

CHRISTCHURCH: The identity of a Canterbury businessman charged over a fatal crash will be kept secret for now, after a judge granted an interim name suppression following legal arguments yesterday.

The 50yearold has been charged with careless driving causing the death of popular Rangiora barman Ben CaldicottElwell on December 9 last year.

CaldicottElwell (34) died when his motorcycle collided with a trailer on the Tram Rd onramp to the Northern Motorway near Kaiapoi, 10km north of Christchurch.

The businessman was charged over the crash last month and he entered a not guilty plea at the Christchurch District Court.

After an application by defence counsel Andrew McCormick, a community magistrate granted an interim order suppressing the man’s name, occupation and employer.

Mr McCormick said the man, who holds a senior leadership position within the company, would suffer extreme hardship if his name was published. The application was supported by the man’s employer, who said the company would suffer undue hardship if its name was published in connection to the accused.

NZME challenged the moves, police took a neutral stance and Mr CaldicottElwell’s family also opposed the man’s name being kept secret.

After the crash, and police released details of Mr CaldicottElwell’s identity, his family members said they were unable to grieve privately.

They saw no reason why the defendant should be treated any differently, the court heard yesterday.

Judge John Strettell said he understood and sympathised with them but after considering the arguments, made an interim suppression of the man’s name and that of his employer until the start of the trial.

The judge granted the order on the basis publication of the company’s name could result in undue hardship. He said he could not disregard the argument for potential undue hardship, ‘‘at this stage’’.

The man will be back in court for a case review hearing on July 9. — NZME