BATTLE WON TO NAME BILLIONAIRE DRUG SMUGGLER

The Herald's battle to name the American billionaire drug-smuggler is over.

The Court of Appeal has ruled that the man's name suppression will end at
2.15 pm today, after which his name will be published on the Herald Online.

And tomorrow's Herald and Herald Online will carry a full account of the
man's story.

The judgment ends a costly, eight-month legal fight between the paper and
the 66-year-old businessman that started when Judge David Harvey discharged
him without conviction and granted him permanent name suppression for
importing more than 100g of cannabis.

Yesterday's announcement of the Herald's victory was brief. Court of Appeal
president Sir Ivor Richardson took less than a minute to tell the court the
battle was over.

"For the reasons given in the judgment of the court, which has been
prepared by the Chief Justice ... the appeal is dismissed. There is no
prohibition on the publication of the appellant's name," he said.

In releasing the decision, however, Sir Ivor said the name could not be
published until 2.15 pm today, "that being at the request of the
appellant's counsel."

The businessman had sought five days from yesterday's decision to consider
his options, including a possible appeal to the Privy Council.

Sir Ivor, Chief Justice Dame Sian Elias and Justices Peter Blanchard,
Andrew Tipping and Sir Kenneth Keith found Judge Harvey's decision to
suppress the name was wrong.

"No grounds were available to the judge which could justify departing from
the important principle of open justice and the freedom to receive and
impart information... "

Dame Sian said: "This is a case where the outcome has been inevitable."

The man, known to date only as "L," arrived at Auckland Airport on January
5, when customs officers found 33g of cannabis in his briefcase and suitcase.

A search of his luxury yacht turned up a further 47g of cannabis plant and
56g of cannabis resin.

He promptly admitted importing the drugs for his personal use and donated
$53,000 to the drug treatment centre Odyssey House.

Immediately after L's January court appearance, Herald publishers Wilson &
Horton challenged his name suppression.

This move has taken the paper through the Otahuhu District Court, the High
Court at Auckland and to the Court of Appeal in Wellington.

The paper had its right to appeal against a suppression order upheld, but
on February 8 Judge Harvey held that he had no jurisdiction to review or
overturn his own suppression order.

On March 20, the Herald applied for the High Court to review the
suppression order.

On June 27, Justices Judith Potter and Colin Nicholson overturned the
suppression order, finding Judge Harvey had overlooked the Bill of Rights
and acted wrongly in law.

L's lawyers then appealed against the decision to the Court of Appeal.

Marie Dyhrberg, who has acted for him from the beginning, is in Dublin and
was not available for comment.