VICTORY IN BILLIONAIRE CASE CELEBRATES OPEN JUSTICE

The American billionaire drug-smuggler who fought the Herald for eight
months to keep his name a secret in New Zealand is Ohio insurance magnate
Peter Benjamin Lewis.

His name can finally be disclosed after a Court of Appeal decision that
legal experts say hammers home the importance of open justice in this country.

Lewis, aged 66, is chairman, president and chief executive officer of
Progressive Corporation, the United States' fourth-largest vehicle insurer.

The company employs 14,000 people and generates $US6 billion in revenue a year.

The fight to name him began on January 7 in the Otahuhu District Court when
Judge David Harvey granted Lewis name suppression and discharged him
without conviction for importing more than 100g of cannabis.

Professor John Burrows, University of Canterbury law professor and media
law commentator, said the judgment emphasised that lower court judges
needed to give reasons in open court for their decisions, "and if they
don't there will be questions asked as to whether they have taken freedom
of expression into account.

"And it's not just a question of open justice or freedom of expression.
Courts have to be seen to treat people fairly. One of the worst public
perceptions is that different categories of people are treated differently
by the courts."

Lewis' lawyer, Marie Dyhrberg, said from Dublin yesterday that she and her
client had discussed all the options and decided against lodging any
further appeals.

She said Lewis would not be making a public comment.

"He's disappointed. He obviously feels for Judge Harvey, who he thought
made a really good decision."

Lewis regretted importing the cannabis and felt it was an "absolutely
stupid thing to do," said Marie Dyhrberg.

A reporter on Ohio's Cleveland Plain-Dealer newspaper, Mike Tobin, said
Lewis seemed to be carrying on with business as usual.

Herald lawyer Bruce Gray said the case was "an important reminder for us
all of the importance of justice being administered in public."

Judges would have to justify and give their reasons for making a
suppression order in future, because any name suppression interfered with
freedom of expression.

"The principle has been sufficiently important that the effort has been
warranted," Mr Gray said.

Judge Harvey was on leave from the Otahuhu court yesterday. Department for
Courts spokesman Neil Billington said the Judiciary would not comment on
his performance.

Lewis arrived in New Zealand on January 5 to holiday on his luxury
converted tug Lone Ranger during the America's Cup regatta.

Customs officers at Auckland Airport found 33g of cannabis in his luggage.
A search of Lone Ranger turned up a further 47g of cannabis plant and 56g
of cannabis resin.

Lewis appeared in court on January 6 and 7, when Judge Harvey discharged
him without conviction and with permanent name suppression.

The judge then sent him on his way, saying "Enjoy the fresh air. Our
harbour is a wonderful place and I'm sure you're out there enjoying it.
Don't let anything get in the way of you and the atmosphere."

After the hearing Ms Dyhrberg warned the Herald reporter covering the case
of dire consequences if anything was published to indicate his identity.

"Don't try anything cute because we'll sue the arse of you and he has the
money to do it," she said.

While in New Zealand, Lewis visited his daughter, who lives at Waitai
Station, a 2000ha farm on D'Urville Island in the Marlborough Sounds.

The woman and her husband, who previously lived in Colorado, bought the
sheep station for between $3 million and $4 million in April last year and
are building a mansion, two holiday chalets, plus a schoolroom and library
to home-school their three children.