The Crown has decided not to appeal a High Court decision to grant an Auckland ad man permanent name suppression after he admitted possessing and importing objectionable images of children.
In June the man pleaded guilty to two charges and was sentenced to 10 months' home detention by Judge Eddie Paul in the Auckland District Court. Judge Paul declined an application for permanent name suppression.
The man appealed to the High Court and earlier this month an order was made for permanent name suppression.
It was ruled that naming the man could kill his wife, who suffers from a serious heart condition.
The Crown has been considering an appeal, but announced this morning they would not go ahead with a bid to have the suppression lifted.
"Having carefully reviewed Justice Thomas' decision, the Deputy Solicitor General has decided not to appeal it. The case was unique. The unchallenged evidence of (the wife's) doctor – an experienced cardiologist who has treated (her) for six years – was that (her) condition has deteriorated significantly since (the offender's) arrest and the additional stress that would undoubtedly accompany publication of (the offender's) name could have fatal consequences for her," the Crown ruled.
"As Justice Thomas' decision was dictated almost exclusively by the exceptional consequences that publication of (the offender's) name could carry for (his wife), it will not displace the strong presumption in favour of open justice that applies in cases of this kind."
The Weekend Herald revealed this month that the man is serving his sentence at the home of his mother-in-law, a counsellor for victims of sexual abuse.
By Anna Leask of the New Zealand Herald
