The member of a wealthy New Zealand family found with graphic and sadistic child sexual abuse material is fighting to keep his identity a secret as Customs urges a judge to lift permanent suppression.
Last August, the man was sentenced to two years and five months’ imprisonment after he admitted knowingly importing and possessing objectionable publications. He was also placed on the Child Sex Offender’s Register.
Judge Maria Pecotic granted him and the family business permanent suppression because of his mental illness and other reasons that cannot be reported.
At the High Court at Auckland on Tuesday, Crown Law lawyer Matthew Davie, acting on behalf of Customs, made submissions to Justice Michael Arthur about how post-conviction name suppression “ought to be exceptional”.
Justice Arthur reserved his decision.
Contact the reporter: catrin.owen@stuffdigital.co.nz
Davie said the judge was mistaken and the decision to grant permanent name suppression was a “significant inroad on open justice and freedom of expression and one not justified”.
Arguments both on behalf of the Crown and made by the man’s lawyer that centred on his mental illness cannot be reported.
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If named, the man would have support from his family and “any additional support that many can’t buy” – something that distinguished him from other offenders, Davie said.
“In the real world when facing difficulty, money does make a real difference.”
The Crown said the offending was serious and once released from prison, the man had said he hoped to start dating again.
“She [any future romantic partner] has a right to know the character of the person she is going to be with,” Davie said.
The granting of suppression had also given rise to false allegations against “innocent and wholly unconnected people”. Wayne Wright Jr was misidentified by an AI chat bot, while Mat Mowbray was mistaken as the defendant on TikTok.
Davie accepted the business was blameless and had no association with the offending, but rejected the claim that any publication would “doom” the company.
The court process in New Zealand explained
VIDEO CREDIT: Aaron Wood
‘Suppression decision was right’
The man’s lawyer, Emma Priest, said the District Court judge had taken into account all relevant factors in coming to her decision to grant the suppression. And that decision was right.
“Unfortunately with his privilege, comes a greater degree of public awareness of his family and also media interest.”
She said her client has been able to make good rehabilitative progress and there was evidence publication would be a “complete barrier” to that continued progress.
As to any romantic partners, Priest said her client was considered of low risk of re-offending and there was no evidence the man would be of harm to a future partner or their children.
In regards to the misidentification of the defendant through AI, Priest said lessons need to be learned about how the courts deal with name suppression in the future.
The appeal was heard at the High Court. Photo: RYAN ANDERSON / Stuff
Most of Priest’s submissions cannot be reported due to suppression orders in place regarding the man’s mental illness.
Julie-Anne Kincade KC, acting on behalf of the company, made pointed comments towards NBR’s reporting of the case and accused its reporting of being “irresponsible”. She accused the publication of breaching name suppression by disclosing suppressed information to people ahead of a podcast recording.
Kincade said the reporting by the publication had been unbalanced and with a clear agenda to undermine the decision of the District Court.
NBR reporter Simon Shepherd told Justice Arthur the publication took exception to some of the submissions made by the lawyers and would like the opportunity to be file written submissions. This was declined by the judge.
Kincade went on to say the fact that the defendant and his family were wealthy was “entirely irrelevant” to the decision made by the court.
“To suggest otherwise is wrong.”
Kincade said this case has a “unique factual matrix” and the company would face undue hardship if named. She added that there was no public interest in naming the company given they were entirely blameless.
Sentencing
The man was caught after Police and Customs uncovered a New Zealand-based individual distributing objectionable publications, using peer-to-peer file-sharing software in September 2023.
Months later, in June 2024, the man was arrested. Analysis of his devices uncovered 11,775 objectionable files, including extreme child sex abuse material. One device alone had over 240 hours of video.
“Some of what was captured can be described as involving sadistic sexual activity on children,” Judge Pecotic said in her sentencing notes.
In the sentencing notes, it said the man had a positive upbringing with his family left “shocked” by the offending.
“You expressed disgust, shame and self-hatred towards yourself in relation to your offending. Your risk of re-offending is assessed as moderate.”
At the sentencing, the man’s lawyer said he had made two donations to charities of “sizeable amounts”. That was a reflection of his remorse and warranted some discount to his sentence, she said.
The donations were paid on June 9 ahead of the man’s original sentencing date of June 13.
Judge Pecotic said the timing of the donations could be seen as an attempt to receive a reduction “to an otherwise appropriate sentence”.
But Priest emphasised that was not the man’s intention.
“She submits that the suggestion of a donation was something that came from her, and in her submission, it is linked to show your expression of remorse. I am prepared to consider it from that point of view and therefore I will allow a further discount to reflect the donations you have made, and that will be one of three per cent,” the sentencing notes said.
Priest said the man had undertaken extensive and significant rehabilitation – including a comprehensive sex offender treatment programme.
From a starting point of 5½ years’ imprisonment Judge Pecotic deducted 56% for his guilty plea, rehabilitation, remorse, donations, previous good character and mental health.
Anyone with information about someone who may be trading or producing child sexual abuse material can contact Customs on 0800 WE PROTECT or Crimestoppers anonymously on 0800 555 111.