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  1. #26
    A Cockless Wonder
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    Quote Originally Posted by panama hat View Post
    New Zealand is quite unique in this - basically, in this case it's to 'protect' his family/iwi or whanau, a Maori family/extended family/village/social unit.
    Interesting... Hmmmmm....

    Well I found an article discussing the reasoning

    Why isn't Grace Millane's killer Jesse Kempson being named in New Zealand? The reason for his anonymity | London Evening Standard

    • Cause extreme hardship to the person charged.

    • Cast suspicion on another person that may cause undue hardship to that person.

    • Cause undue hardship to any victim of the offence.

    • Create a real risk of prejudice to a fair trial.

    • Endanger the safety of any person.

    • Lead to the identification of another person whose name is suppressed by order or by law.

    • Prejudice the maintenance of the law, including the prevention, investigation, and detection of offenses.

    • Prejudice the security or defence of New Zealand.

    the article also curiously notes that the judge makes the order for suppression and does not reveal which of the listed reasons has given rise to the granting of the order for the suppression.

    Fooking convoluted and kafkaesque as fook.

    I hope there is an expiration date so that judicial wisdom can be exposed to scrutiny after a period of time has passed

  2. #27
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    I suppose the other question that might be asked is whether there would be any such reluctance to release the murderers name if he weren't of part Maori heritage.
    Certainly, I do not recall any such reluctance with Brenton Tarrant- the Christchurch Mosque murderer. But he was aussie, and white.

  3. #28
    I Amn't In Jail PlanK's Avatar
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    ^
    There was massive reluctance (in NZ at least) to release the name of the Christchurch shooter, so much so that your post is the first time I've actually seen it. The reasoning behind that was to ensure he never became famous, and as such, in NZ he has gone down in history as nameless shooter twat.
    Some people think it don't, but it be.

  4. #29
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    ^ True, not the same as name suppression, though.

    I don't know if not uttering his name is purposeful, both arguments have merit I guess.

  5. #30
    Thailand Expat AntRobertson's Avatar
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    Quote Originally Posted by sabang View Post
    I suppose the other question that might be asked is whether there would be any such reluctance to release the murderers name if he weren't of part Maori heritage.
    Certainly, I do not recall any such reluctance with Brenton Tarrant- the Christchurch Mosque murderer. But he was aussie, and white.
    Apples and bananas.

    It has nothing to do with race.

  6. #31
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    Quote Originally Posted by sabang View Post
    I suppose the other question that might be asked is whether there would be any such reluctance to release the murderers name if he weren't of part Maori heritage.
    Name suppression is quite common in NZ . . . probably the case I remember most from a few years ago and couldn't fathom why is a guy who had thousands of child porn pics on his computer - name suppression until now to 'protect' his family . . .

  7. #32
    Thailand Expat AntRobertson's Avatar
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    Quote Originally Posted by panama hat
    Name suppression is quite common in NZ . . . probably the case I remember most from a few years ago and couldn't fathom why is a guy who had thousands of child porn pics on his computer - name suppression until now to 'protect' his family . . .
    Name suppression leading into or at the outset of a trial is quite common (though not automatic, it needs to be applied for) however permanent name suppression is very rare.

    Not hard to imagine or guess some circumstances behind that instance though. He my have a young family and the weight and effect of his crimes would be disproportionate on them -- imagine what would be said to his kids at school if it were known their dad were a pedo / got done for these child porn pics. It would be fucking savage.

    So presuming it's something along those lines then justice has already been served in sentencing and convicting him and there's no need to drag his family any further into it.

  8. #33
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    Quote Originally Posted by AntRobertson View Post
    So presuming it's something along those lines then justice has already been served in sentencing and convicting him and there's no need to drag his family any further into it.
    Home detention ... so the guy is still in the same neighbourhood.

    I can understand not wanting the family to suffer as they are innocent bystanders . . . it just seems like a slap on the wrist



    Quote Originally Posted by AntRobertson View Post
    it needs to be applied for) however permanent name suppression is very rare.
    True, but it can be re-applied for ad infinitum if the judge agrees


    I understand why so many lawyers are tired of the system and opt out

  9. #34
    Thailand Expat AntRobertson's Avatar
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    I'm actually all for name suppression as a concept.

    If X goes to court charged with Y and is found not guilty the general public only remembers X not that they aren't guilty of Y.

    That's being punished for something you didn't do and it's a stigma that follows you for the rest of your life.

    And in the event that X was found guilty of Y then the name suppression lapses in 99.8% of cases anyways so no biggie.

  10. #35
    Hangin' Around cyrille's Avatar
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    I'm more in favour of it because of the family reasons previously mentioned, but the possibility of innocence is another.

    The only arguments against seem to be emotive, like the people who think it makes them sound tough to talk about bullets to the back of the head.

  11. #36
    Thailand Expat harrybarracuda's Avatar
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    Quote Originally Posted by Looper View Post
    I hope there is an expiration date so that judicial wisdom can be exposed to scrutiny after a period of time has passed
    When all avenues of appeal have been exhausted? And he'll appeal this one.

  12. #37
    Thailand Expat Backspin's Avatar
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    so what actually happened with this case

  13. #38
    Thailand Expat harrybarracuda's Avatar
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    Quote Originally Posted by Backspin View Post
    so what actually happened with this case
    Can't you read?

  14. #39
    Thailand Expat harrybarracuda's Avatar
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    Still not identified.

    The man who murdered British backpacker Grace Millane and dumped her body in a forested area in New Zealand has lost an appeal against his conviction and prison sentence.

    The man, whose identity is suppressed, appealed to New Zealand’s court of appeal in August but it found against him on Friday.

    Justices Stephen Kos, Mark Cooper and Patricia Courtney said the Auckland murder was “committed with a high degree of callousness” due to the killer failing “to call for assistance, searching on the internet for methods of body disposal ... taking steps preparatory to disposing of the body and going on another date while Ms Millane’s body remained in his room”. The judges also found his sentence was not “manifestly unjust”.
    Grace Millane murderer loses appeal against conviction and sentence | New Zealand | The Guardian

  15. #40
    Thailand Expat harrybarracuda's Avatar
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    The man who murdered British backpacker Grace Millane has had his bid to overturn his conviction and sentence rejected by the Court of Appeal.

    However, he still cannot be named, after his last-ditch appeal to the Supreme Court to keep his name secret.

    Grace Millane's killer can keep his name secret - for now | RNZ News

  16. #41
    Hangin' Around cyrille's Avatar
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    Her father died of cancer last month.

  17. #42
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    Quote Originally Posted by harrybarracuda View Post
    Still not identified
    Of course he's been identified, you utter cretin

  18. #43
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    Wotsisname then?

  19. #44
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    Ask the judge, the cops, the prosecution, the defence - they know

  20. #45
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    Quote Originally Posted by sabang View Post
    Wotsisname then?
    FFS, you posted it on the only other page in this thread.







    anyway....

    this guy is something else....
    Much of what is known about the man's actions after Millane's death comes from a wealth of CCTV footage that captured his movements around Auckland's CBD.


    He cleaned his apartment, contorted Millane's body into a suitcase and then buried it in the Waitākere Ranges before going on another Tinder date in Ponsonby the next day.


    Analysis of the man's phone also showed he took explicit photographs of her naked body and searched for pornography as she lay dead in his room.
    ^
    taken from the link posted above.

  21. #46
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    They've put him in the next cell to Brenton Tarrant. Could be a gay marriage coming up.

  22. #47
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    One is in Auckland the other in Christchurch - are you drunk again?

  23. #48
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    Quote Originally Posted by panama hat View Post
    are you drunk again?
    seems likely.

  24. #49
    Member TheMadBaron's Avatar
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    So, if I understand this correctly, they're saying that He Who Cannot Be Named (but whose name is Jesse Kempson) can now be named (Jesse Kempson), but not in New Zealand, pending (Jesse Kempson's) appeal.

    What happens if someone in New Zealand happens to look at this page, then?

    This is ridiculous. This is as ridiculous as when the newspapers in the UK were full of a scandal which the whole world was talking about involving a "married gay celebrity musician" who, in the UK, could not be named. I never did find out that it was Elton John.

    Grace Millane was done in by Jesse Kempson. There.

  25. #50
    Thailand Expat harrybarracuda's Avatar
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    Quote Originally Posted by panama hat View Post
    Of course he's been identified, you utter cretin

    You pedantic fucking knob jockey.

    You have learned well, grasshopper.


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