Well-known Kiwi sportsman fights for permanent name suppression over drug case

A file image of a courtroom coat of arms.

Lawyers for a well-known sportsman named in connection with a High Court trial have been arguing to keep his name a permanent secret.

While the person was linked to the drugs case in Auckland earlier this year, they were never charged with anything.

They've also not been charged with anything since.

The High Court has refused to grant the man permanent name suppression.

His legal team has today been arguing against that refusal in the Court of Appeal, saying undue hardship would come from publication.

"For obvious reasons, we didn't know what the evidence was in the trial, and nor should we," lawyer Mike Heron QC told the court.

"At no stage was a clear allegation made, what he was said to have done, where he's said to have did it - details you'd get in a criminal charge," he argued.

The lack of any charge was also a matter raised by the three Court of Appeal judges, sitting in Auckland.

"It's not a matter of guilt or innocence because there is no charge...They can't be presumed to be innocent when there's no charge... Innocent of what is the problem," Justice Courtney said.

"That's part of our main complaint," Mr Heron replied.

"Your complaint is assertions have been made that cast your client in bad light," Justice Courtney said.

"Yes, we weren't part of it," Mr Heron said.

Mr Heron told the judges the sportsman had a reputation and a family that relied on him being able to travel.

"If allegations like these - untested, unproved and rejected - are made public, there is no doubt at all that the implications for him will be very very, serious," he argued.

Media organisation Stuff was at the hearing arguing against permanent suppression.

"He would not have a conviction so it's difficult to say he'd have an inability to travel, I don't see that as a particularly persuasive point," Stuff's lawyer, Robert Stewart, said.

He told the judges their decision would be an important one for open justice.

Mr Stewart said there were questions around whether there was one set of rules for high-profile people, and one for ordinary citizens.

Crown lawyer Jacob Barry said there were text messages showing involvement in drug dealing.

"We're not simply dealing with a mere associate of these individuals.

"We're dealing with someone who was on evidence presented by the Crown intimately involved in financing the operation," he said.

The court was told Police had decided not to lay any charge against the sportsman.

Justices Courtney, Venning and Dunningham have reserved their decision, and will release it at a later time.

The trial at the High Court in Auckland was for three men facing drugs charges.

Tevita Sitanilei Kulu and Tevita Matangi Fangupo were convicted of most of the charges against them, and Toni Rajendra Finau was found guilty of all charges he faced.

Many of the charges were for importing methamphetamine, conspiring to import it, and supplying the drug.

It was in that trial that the sportsman’s name was raised.

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