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A group of media, including Stuff, is attempting to challenge a High 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 speaks at cordis in Auckland about the OFS findings.
However, Stewart has filed an appeal with the Court of Appeals in a last-minute attempt to name the couple before the polls close on Saturday.
In response to Stewart’s appeal, Appeals Court President Judge Stephen Kos said that if the attorney wished to pursue the appeal, a conference call would be held Thursday at 1:15 PM.
“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.
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.
