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The President of the Court of Appeal has rejected a request from a group of media outlets, including Stuff, to challenge a Superior Court decision not to allow the accused duo in connection with the NZ First Foundation donations case to be appointed before the election.
The couple is alleged to have fraudulently deposited more than $ 740,000 into an NZ First Foundation account.
The Serious Fraud Office (SFO) filed charges against the duo in September following an investigation launched by Stuff and RNZ reports on the foundation.
At a hearing in Auckland High Court on Wednesday, attorney Robert Stewart, acting on behalf of Stuff, RNZ, NZME, TVNZ and Newshub contested the continuation of the suppression orders by Judge Peter Winter.
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Judge Pheroze Jagose dismissed the appeal and agreed with the district court judge and the duo would face extreme difficulties if appointed before the election.
Judge Winter said publishing the duo’s names could “unfairly destabilize” people who had already voted and could lead to one of the defendants being “unfairly vilified.”
Ryan Anderson / Stuff
NZF leader Winston Peters talks about the OFS findings.
However, Stewart requested an urgent appeal in the Court of Appeals in a last minute attempt to name the couple before the polls closed on Saturday.
In response to Stewart’s request, Appeals Court President Judge Stephen Kos said that if the attorney wished to pursue the appeal, a teleconference would be held on Thursday at 1:15 p.m.
Judge Kos rejected the request for permission.
“I have read the decision of Jagose J. Now having concurrent decisions of the courts of first instance and of first appeal, and the proposed appeal is against discretion, I am not satisfied that there is a case for the final hearing within such a timetable hired. Or that such a reduction in time would be consistent with justice for the primary parties, ”Judge Kos said.
In a record issued by Judge Kos after the teleconference, he said he “was not convinced that the additional information that could be shared with some of the voters justifies a deviation from due process in the conduct of criminal justice.”
“The primary interests that require consideration here are those of the defendants to obtain a fair trial.
“Attempting to fit the hearing in the very limited time available during the next 24 hours will cause significant real and potential harm to the defendants.
“For these reasons, I decline the request to assign an appeal accessory tomorrow afternoon.
“Justice must follow its normal course, even in abnormal times.”
An interim suppression order was expected to last until the two defendants appeared in North Shore District Court on October 29, after the October 17 general election, and possibly after the resulting coalition negotiations concluded. .
Stewart argued that the couple should be named before the election due to increased public interest.
“The public factors in the open court in relation to this case at this time, when we are three days away from the completion of the general elections, clearly outweigh the claim of the defendants of a debatable case and of maintaining anonymity even for an interim period of time, ”Stewart said.
“The public shouldn’t have to speculate or guess, they should just know who the identities of these people are.”
JASON DORDAY / THINGS
Robert Stewart, acting on behalf of various media entities, argued that the couple should be named.
The charges
Collection documents obtained by Stuff allege that the couple, between September 30, 2015, and February 14, 2020, deposited a total of $ 746,881 into two separate accounts, including that of the First New Zealand Foundation.
The Serious Fraud Office alleges that the couple adopted a “fraudulent device, trick or ploy” and donations for the party were entered into bank accounts of a company and the foundation without declaring them to the party secretary and / or the Election Commission.
The undeclared funds were then used to pay for party expenses and to develop a fundraising database, the documents allege.
None of the accused is a minister, sitting deputy or candidate in the next election, or a current member of the New Zealand First Party or a current member of staff.
The couple faces a maximum of seven years in prison if convicted.
Correction: An earlier version of this story incorrectly stated that an appeal had been filed with the Court of Appeal. The application filed with the court is a request for an opportunity to file an appeal.
