Nelson fire accused loses High Court appeal to keep his name secret

The man’s also accused of starting a blaze the forced homes to be evacuated in Moutere last week.

One of two people alleged to have deliberately started a scrub fire near Nelson following a spate of serious fires in the area can now be named.

Benjamin Phillip Durrant faces two charges of arson over suspicious fires on February 27 and March 6.

The 34-year-old first appeared in the Nelson District Court on March 7 , where he did not enter a plea but applied for interim name suppression on the basis he would be subject to extreme hardship.

A number of social media posts reflected a backlash from the Nelson Tasman community towards the accused, but Judge David Ruth regarded this as no more than an expression of "heightened emotions" given the impact of the fires.

The 24-year-old woman jointly charged over the March 6 fire was granted interim name suppression, but Durrant’s application was denied.

He then appealed the decision to the High Court and submitted new evidence to support his case. 

It was argued that the publication of his name would risk the health of his unwell grandfather and would have consequences for members of his family.

Durrant also made the case that his naming would lead to the identification of his co-defendant.

In a High Court judgment released today, Justice Karen Clark said there was "insufficient evidence" as to the impact on his grandfather’s health, and the negative impact on his mother and brother did not reach the level of extreme hardship.

She also agreed with Judge Ruth when considering comments made on a Facebook page about the accused.  “I am not convinced there was a real risk of vigilantism or retributive offending against the defendants or even their families."

She also ruled it was "unlikely" his co-defendant would be identified by lifting Durrant’s name suppression.

Durrant is due to appear in the Nelson District Court again next month.

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