BID TO NAME RICH DOPE SMUGGLER REACHES APPEAL COURT

The Herald's bid to reveal the identity of an American billionaire
caught smuggling drugs into New Zealand reached the Court of Appeal in
Wellington yesterday.

The 66-year-old businessman's name will remain a mystery until a
decision is made by a full bench of five Court of Appeal judges.

After a day-long hearing, court president Sir Ivor Richardson, Chief
Justice Dame Sian Elias and Justices Blanchard, Tipping and Sir
Kenneth Keith reserved their decision. The appeal follows a six-month
legal battle by the Herald to name the businessman, who admitted
bringing more than 100g of cannabis resin and plant into the country
during the America's Cup.

When the magnate appeared in the Otahuhu District Court on January 6
and 7, Judge David Harvey discharged him without conviction and
permanently suppressed his name.

In June, a milestone High Court ruling found that Judge Harvey had
overlooked the Bill of Rights Act and acted wrongly in the law.

The judgment accepted the Herald's application to overturn permanent
suppression. However, the billionaire lodged an appeal.

Yesterday in the Court of Appeal, his lawyers, Alan Ivory and Marie
Dyhrberg, argued that the High Court judgment was wrong and criticised
Judge Harvey unreasonably.

Mr Ivory said Judge Harvey was an experienced judge who could be taken
to know the law.

The grounds for appeal were:

Judge Harvey was not required to give the reasons for granting name
suppression. His lack of reasons did not justify the inference that
the Bill of Rights Act was not taken into account.

In making his decision, Judge Harvey was apprised of all relevant
facts.

The Herald had not exercised its rights to be heard when the
suppression order was made in the district court. Therefore, it had
lost its right to a review.

The businessman's $53,000 donation to Odyssey House was not a
consideration in granting name suppression.

The application for name suppression should have gone back to the
district court for redecision.

For the Herald , lawyer Bruce Gray said Judge Harvey did not apply the
law correctly and overlooked the Bill of Rights Act. In granting name
suppression, he was not aware of the businessman's full background.
Although the accused was successful in business and gave to charities,
he was a person who used cannabis more than once.

"No district court judge properly applying the law to these facts
should conclude there should be name suppression," Mr Gray said. "Name
suppression is to protect reputation. Before it is granted there needs
to be some understanding of what that reputation is, also outside New
Zealand."