See if you can spot the difference.
An Iranian born female MP from a progressive party is accused of serial shoplifting. Her name is leaked to the media, which goes into a pack frenzy even before the Police launch an investigation. She resigns from parliament, declines to seek name suppression (what was the point?) and eventually pleads guilty to several charges of non-violent property crime involving goods worth less than $9,000 (which is a cut-off standard for sentencing purposes). Her court appearance is the lead story in most media even though there are a couple of major wars and several famines occurring, to say nothing of a number of developments in NZ politics and society that are a bit more significant than the travails of a troubled individual. She and her disgrace are headline news in NZ.
On the other hand there is a male Pakeha “senior political figure” in a rightwing party who during the course of a fraud investigation had someone come forth accusing him of serial sexual offending. Eventually the number of charges grew to nine involving at least two victims. He resigned his senior party position once the fraud investigation heated up, and then he was charged with the sex offences. The offending is historical and related to a well known volunteer service organization in which he held senior leadership roles and was involved with young people in a mentoring role. The judge assigned to the case granted him and his party name suppression in 2023 because, among other things, disclosure of their identities might have a negative impact on his party’s chances in the 2023 election. The judge ordered that the suppression order be reviewed after the election.
The election happened six months ago. No review of the suppression order has been undertaken. The trial of this person has been put off until August 2024. As far as I can tell (am happy to be proven wrong), the media have done nothing to find out why his name suppression continues. The Leader of his party has been asked directly about the case and answers by talking about contempt of court. Worst yet, the media has not asked questions as to why a judge would introduce explicitly political criteria into a decision to grant name suppression in light of the seriousness of the charges, which involve physical sexual assaults on minors. During the build up to an election.
I asked these questions in a series of social media posts. I respected the name suppression order but spoke about the background of the case. Although I received many positive responses I also received a number of veiled threats that I was violating the suppression order by alluding to this man, even obliquely. That is besides the fact that his offending is an open secret in the volunteer circles in which he was a prominent figure, his party affiliation and former role is common knowledge in political circles, and his name has been disclosed in a number of social media outlets and even mentioned in parliament (which even if done under parliamentary privilege and struck from the written record, lives on in the video archive of the debates at the time of his mention). I am told by these critics that it does not matter if others have previously spoken of him in direct terms and that I am liable for up to six months in jail for my “criminal offending” (exact words). If so, I am going to have to get in the back of a long que of criminal offenders and the taxpayers are gong to have to fork out a fair amount of public money having the Crown prosecute us. Selective prosecution, say of me, would only worsen the situation when it comes to the appearance of (at a minimum) Crown bias and (at worst) judicial integrity and neutrality.
I suspect that the threats of legal retribution are coming from within this fellow’s political party. The concern is more about protecting him and the Party rather than seeking justice for his alleged victims or adhering to judicial standards about protecting victims and presumptions of innocence. Plus, the threats have a sort of finger-in-the-dike quality to them, as there will be a flood of coverage once the legal circus hits the road. That is, assuming that things ever get to trial and some sort of pre-trial agreement in not reached (which I think is possible at this point. The trouble with any such deal is that it will likely include some form of permanent name suppression in exchange for a guilty plea to some of the charges).
However things end up, there remains a deeply troubling aspect to this study in contrasts. The first is the media’s behaviour. It involves the hounding the former MP-turned private citizen on the one hand, and the ignoring of the other case almost entirely. This follows a media pattern of going after female progressive politicians for their indiscretions while largely soft-peddling similar behaviour from male politicians. Moreover, it is not as if name suppression prevents intrepid reporters from digging into the larger story of the male senior political figure in more depth, even if as background to the coverage of the trial when it happens (there is plenty of coverage from 2021 to last year). The media double-standard is stark: young female progressive gets the full “cameras in the face and shouted questions” treatment, whereas when it comes to this alleged Pakeha male serial sexual predator, there are nothing but crickets.
Even so, the worst part of this sorry dichotomy is the use by a judge in a criminal case of overtly political criteria as a factor in granting name suppression for a defendant–specifically the possible impact on a political party’s election chances if one of its senior member’s name is released before the election after being charged with sex offences. In my view political considerations simply should not be a criteria for name suppression, ever, and even more so if it involves a senior leader of a party about to contest a national election. That the ruling went unchallenged (as far as I know) and that the media did not question the rationale behind it is a disgrace. It brings the neutrality and/or judgement of that judge into question and opens the door to doubts about equal standards of justice in NZ. Even the appearance of anything other than impartiality and neutrality is a stain on NZ’s judicial good name, and this decision does not look good.
I understand that name suppression orders are designed to protect victims as well as the reputations and livelihoods of people accused of crimes (the sex charge defendant’s name was also suppressed because it was accepted by the court that he could not find a job if his name were revealed and he could therefore lose his house). But in this case the victims are now adults, at least some have come forward already, the defendant has been identified in a fraud investigation involving that voluntary organisation as well as in parliament, multiple face-blurred photos of him have been published that are no impediment to identifying him (especially the ones in which he appears more than once in a distinctive shirt at the fraud and sex charge hearings), and the elections are over and done with (his party did well in them and is now part of government). None of what I have said here or in other fora adds any new light on his identity. It is out there for those who are interested in finding out.
What I have done in this and the other posts is pose an open question about media double standards and judicial neutrality in his case. As I said elsewhere, something smells, and it is not the aroma of purloined boutique shop designer brand merchandise.