BILLIONAIRE'S NAME CAN BE PUBLISHED TODAY

An American billionaire who admitted importing cannabis plant and oil into
New Zealand has failed to get his name suppression order reinstated in the
Court of Appeal.

But the court has ordered that his name not be published before 2.15 pm
today to allow his lawyers time to file papers applying for a Privy Council
appeal.

Judge David Harvey discharged the 69-year-old man without conviction in
Otahuhu District Court on January 7 and next day granted him permanent name
suppression after hearing he had made a $53,000 donation to drug
rehabilitation centre Odyssey House.

He had been carrying cannabis when he arrived at Auckland airport and a
search of his luxury yacht in Auckland harbour uncovered more.

New Zealand Herald publishers appealed to the High Court at Auckland
against the suppression order.

Justices Potter and Nicholson quashed the order saying it gave the
unfortunate impression that suppression could be bought.

Giving the reserved decision of five Court of Appeal judges toy, Chief
Justice Dame Sian Elias said the offending was not trivial and the rights
to freedom of speech and open justice meant Judge Harvey was wrong to
suppress the man's name.

Judge Harvey was also wrong not to give reasons for his decision which
followed him hearing argument about suppression in private.

Open justice was critical to maintaining public confidence in the justice
system, Dame Sian said.

In failing to give reasons for suppression Judge Harvey had also made it
difficult for appeal courts to assess what he had done.

Reasons made a judge act in a disciplined way and were the best protection
against wrong or arbitrary decisions and inconsistent delivery of justice,
Dame Sian said.