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Two people charged in connection with the NZ First Foundation donation scandal will keep their names under wraps for now.
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 couple in September following an investigation launched by Stuff and RNZ reports on the foundation.
NZ First leader Winston Peters tried to prevent the OFS from making the charges public.
READ MORE:
* Election 2020: Urgent hearing convened on suppression of names in the case of donations from the NZ First Foundation
* Election 2020: Winston Peters attacks Serious Fraud Office when bid to keep charges secret fails
* Election 2020: Winston Peters threatens to take the Serious Fraud Office to court, as two indicted by NZ First Foundation
* Election 2020: Winston Peters attempted to suppress the positions of the First NZ Foundation until after the election.
* Serious Fraud Office will investigate First New Zealand Foundation
On Thursday in Auckland’s Waitakere District Court, attorney Robert Stewart, acting on behalf of Stuff, RNZ and NZME, challenged the suppression orders before Judge Peter Winter.
The judge reserved his decision.
A provisional 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.
RYAN ANDERSON / Stuff
NZ First leader Winston Peters tried to muzzle the OFS.
However, the media requested an urgent hearing to challenge the suppression orders.
In a memorandum to the court, Stewart said an important point to consider was whether a press release from NZ First that was highly critical of the SFO was fair and accurate.
On Thursday, the attorney for one of the accused said there was a moot case for continuing the crackdown until the first appearance on October 29 and wanted a fair trial, not a trial by the media.
The lawyer said that if the request were granted to the media it would be an “absolute violation of the process and an absolute violation of the Bill of Rights.”
However, Stewart argued that the couple should be named as the vote is already underway and the media is the eyes and ears of the New Zealand public.
JASON DORDAY / THINGS
Robert Stewart challenged the crackdown on behalf of the media on Thursday.
“Since there is an election around the corner, the public must be fully informed and the names of the people the Office of Serious Fraud has charged are an integral part of the knowledge the voter has before entering the polls.” Stewart said.
Stewart said the defendant’s concerns about his name were “no more than speculative.
“The public interest issues are so overwhelmingly strong in this case that they clearly outweigh any form of hardship, but the public interest is overriding,” Stewart said.
John Dixon QC, acting on behalf of the OFS, said he was “essentially bystander” and would abide by Judge Winter’s judgment.
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 New Zealand First Foundation (NZFF).
Chris McKeen / Stuff
The hearing was held in Waitakere District Court on Thursday.
The OFS alleges that the couple intended to mislead the NZ First party secretary and / or the Election Commission.
“The defendants adopted a fraudulent device, trick or ploy, by which party donations for the Party were deposited into the bank accounts of [suppressed] and the NZFF and not notified to the Secretary of the Party, nor declared by the Secretary of the Party to the Electoral Commission, ”the documents state.
“Those undeclared funds were made available for [suppressed]/ NZFF to be used as the defendants saw fit, and were used to pay the Party’s expenses and to develop a fundraising database for the benefit of the Party and [suppressed]. “
The couple faces a maximum of seven years in prison if convicted.
None of the people charged is a minister, sitting deputy or candidate in the next election, or current member of the New Zealand First Party.
