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A high-profile athlete who allegedly had connections to an international drug union has lost his fight for name suppression in the Court of Appeal.
However, Stuff He is prevented from naming the prominent man so that he can approach the Supreme Court and continue his attempt to keep his name a secret.
The court issued its ruling on Friday.
Written by the President of the Court of Appeal, Judge Stephen Kós, the court said that the High Court’s decision to deny the removal of the name was not fundamentally incorrect.
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The Crown repeatedly mentioned the athlete’s name when presenting their evidence against Tevita Matangi Fangupo, Tevita Sitanilei Kulu and Toni Rajendra Finau in Auckland High Court in May 2019.
The Crown said the union bought wholesale quantities of methamphetamine in California and that it had the class A drugs hidden in Nike’s clothing and shoes before being shipped to addresses throughout Auckland.
The trio were eventually convicted and jailed.
The Crown said the athlete was involved in helping to transfer money to the union, buy drugs from Finau and offer him a supplier.
But while the police had a search warrant for the athlete’s phone, they did not execute it.
The athlete was never charged and the Crown’s evidence against him has never been proven in court.
The Crown at trial said that there were three pieces of evidence connecting the athlete to the case.
One was a message sent by Kulu to his drug contact in California, promising that he would get his money and the athlete would help him.
The second were messages, supposedly sent by the athlete to Finau, in which he offered to put him in contact with a new “contact”.
The athlete told Finau: “Trust me, it’s the best there is.”
The third thread were more messages sent by Kulu to a drug contact that were also said to refer to the athlete.
However, the Crown has since admitted that the messages could not have referred to the athlete.
It was that change that led to a second appeal to the High Court and the Court of Appeal.
“What happened since the last hearing in this court, more than a year ago, does not require a different result,” said Judge Kós.
“The only new evidence of any consequence concerns the retraction of the Crown’s petition … We find that, in context, it is a merely neutral consideration. He cannot justify a different result in this new appeal. “
RICKY WILSON / THINGS
Judge Mathew Downs has rejected the removal of the prominent athlete’s name on two occasions.
Previously in Superior Court
Judge Mathew Downs said that while naming the athlete will cause undue hardship, the alleged violation was serious and there was public interest in the need to hold the police accountable for their decision not to charge the athlete.
Justice Downs also addressed the importance of conducting criminal trials in public and the need for open justice.
However, the athlete’s attorney, Mike Heron QC, indicated that he intended to take the case to the Court of Appeal, arguing that his client could lose his reputation and professional opportunities.
Heron has also filed an affidavit with his client’s court, denying any involvement with the drug and methamphetamine union.
“I have never been involved in the importation of class A drugs. I have never exchanged or transported money for the accused. I have never been involved in the purchase, supply or use of methamphetamine. “
In his opinion, Judge Downs said that although the police thoroughly investigated Kulu, Fangupo and Finau, “they have a doubt” whether they thoroughly investigated the athlete.
He noted that the police did not execute the athlete’s search warrant.
“The warrant would not have been granted unless the judge was convinced that there were reasonable grounds to suspect the commission of a crime punishable by imprisonment, and there were reasonable grounds to believe that the search warrant would find probative material regarding that crime in the place or thing to be registered “.
The judge said the reasons why the police did not carry out the order remain unclear.
He said that while police were searching Travel X’s money transfer records, they limited their search to one month and just one company.
Justice Downs agreed with Stuff’Attorney Robert Stewart said there was public interest in the ability of the media to ask questions about the police’s decision not to press charges and the scope of their investigation into the athlete.
“This aspect favors publication, and strongly.”
