Queenstown suppressed indecency case

Last updated

Queenstown Queenstown & Remarkable Mountains.jpg
Queenstown

The Queenstown suppressed indecency case was a police investigation and court case in New Zealand from 2011 to 2014 in which a celebrity was accused of, pleaded guilty to and was convicted of "performing an indecent act intended to insult or offend" against a woman in Queenstown and later discharged without conviction and given permanent name suppression. [1] The case fuelled discussion and controversy in New Zealand over the use by courts of suppression orders to protect the identity of perpetrators of higher social status.

Contents

Alleged event

The female complainant (later named as Louise Hemsley) said the man was a friend of her husband, and visited their home over a three-year period. [1] She said the offence took place in her own home, in November 2011. [2] On this visit, the man grabbed her, groping and tongue kissing her, and placed his hand inside her underwear, then as she pushed him away, he placed her hand on to his penis. [1] She said her husband then arrived home, and she left as the man made a non-verbal mimicry of an oral sex act at her. [1]

Complaint and committal for trial

The complainant said she was interviewed by police a few days later and on their advice telephoned the defendant. [1] The defendant was originally going to be referred to a diversion programme. [3] The man appeared in the Alexandra court in May 2012 where he was committed for trial at the Dunedin District Court for indecent assault. [4]

Trial and guilty plea

Dunedin courthouse (right) Dunedin Railway Station and Dunedin Law Courts.jpg
Dunedin courthouse (right)

In August 2012, the accused appeared in the Dunedin District Court and pleaded guilty to a charge of performing an indecent act intended to insult or offend, [1] a charge under Section 126 the Crimes Act 1961 . [5] The man was convicted and ordered to pay $5000 emotional harm reparation and $1500 in counselling costs. [1]

Appeal

In September 2013, the defendant appealed to the New Zealand Court of Appeal in Wellington against the conviction and for permanent name suppression. [6] The defendant's lawyer argued that his client had pleaded guilty to avoid a public trial assuming he would be offered diversion or a discharge without conviction. [1] The appeal court referred the case back to the Dunedin District Court. [1]

Discharge

The man re-appeared in Dunedin District Court in March 2014 where he was ordered to pay $6500 to the complainant and discharged without conviction [3] with a permanent suppression order preventing the publication (in New Zealand) of the man's name, occupation and former occupations, anything likely to lead to his identity, or cast speculation on any other person of a similar class or type. [7]

Name suppression controversy

The complainant felt that the verdict was "not really a win" and that the defendant was "a dirty bastard and people should know." [1]

There was public disquiet in Otago after the verdict. [8]

Following news of Operation Yewtree in Britain and the subsequent trial of Australian entertainer Rolf Harris, a member of the New Zealand Parliament, Maggie Barry, described a groping by Harris during a studio interview she conducted in her previous broadcasting career. [9] Retired parliamentarian Rodney Hide taunted her in a newspaper column, urging her to use her parliamentary privilege to breach the name suppression order. [10]

Naming of the defendant on Internet

Fuelled by the Harris case, people in New Zealand began distributing the defendant's name on Internet sites including Facebook. [7] The man was also named in Australia by an Australian blogger. [7] New Zealand law professor Mark Henaghan said New Zealanders would not be breaching the suppression by reading such information, but that the situation showed the difficulty of enforcing suppression orders in the modern age and across borders. [7]

In July 2014, the defendant said that everyone in his home town knew he was the "prominent man" described in the media and that he had been fired from a job by an employer who had heard that he was the defendant. [11] He said his lawyer was "on the warpath" for those who had published his name online. [11]

Defendant meets Leader of the Opposition

While campaigning for the 2014 New Zealand general election, New Zealand Labour Party leader David Cunliffe met the defendant. Cunliffe said he had arranged for the person to meet a Labour candidate but that he had no idea about the person's controversial background and that had he known, no such meeting would have taken place. [12]

Complainant's waiver of her own name suppression

The complainant waived her right to automatic name suppression in October 2014, enabling her to tell her story, and her name (Louise Hemsley) became public. [2]

Naming of the defendant by former MP

Tau Henare, a retired member of the New Zealand Parliament, appeared in Henderson District Court in December 2014 charged with knowingly breaching suppression orders under the Criminal Procedure Act. [13] [14] The charge related to an alleged posting on social media in 2014 of the name of the defendant in the Queenstown suppressed indecency case, when the defendant's identity was subject to a suppression order. [15]

See also

Related Research Articles

Fighting words are written or spoken words intended to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction. The term fighting words is also used in a general sense of words that when uttered tend to create a verbal or physical confrontation by their mere usage.

Indecent exposure Public indecency involving nudity of some sort

Indecent exposure is an expression that describes the deliberate public exposure by a person of a portion of their body in a manner contrary to local standards of appropriate behavior. Laws and social attitudes regarding indecent exposure vary significantly in different countries. It ranges from outright prohibition to prohibition of exposure of certain body parts, such as the genital area, buttocks or breasts.

Graham John Capill is a former New Zealand Christian leader, politician and convicted rapist.

In the Pitcairn sexual assault trial of 2004 seven men living on Pitcairn Island faced 55 charges relating to sexual offences against children and young people. The accused represented a third of the island's male population and included Steve Christian, the mayor. On 24 October, all but one of the defendants were found guilty on at least some of the charges. Another six men living abroad, including Shawn Christian, who later served as mayor of Pitcairn, were tried on 41 charges in a separate trial in Auckland, New Zealand, in 2005.

Tau Henare New Zealand politician

Raymond Tau Henare is a former New Zealand Māori parliamentarian. In representing three different political parties in parliament—New Zealand First, Mauri Pacific and the National Party—Henare served as a Member of Parliament (MP) from 1993 to 1999 and from 2005 to 2014.

The Communications Act 2003 is an Act of the Parliament of the United Kingdom. The act, which came into force on 25 July 2003, superseded the Telecommunications Act 1984. The new act was the responsibility of Culture Secretary Tessa Jowell. It consolidated the telecommunication and broadcasting regulators in the UK, introducing the Office of Communications (Ofcom) as the new industry regulator. On 28 December 2003 Ofcom gained its full regulatory powers, inheriting the duties of the Office of Telecommunications (Oftel). Among other measures, the act introduced legal recognition of community radio and paved the way for full-time community radio services in the UK, as well as controversially lifting many restrictions on cross-media ownership. It also made it illegal to use other people's Wi-Fi broadband connections without their permission. In addition, the legislation also allowed for the first time non-European entities to wholly own a British television company.

In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred.

Undie 500

The Undie 500, originally named the Under 500, was an annual student-run car rally between Christchurch and Dunedin, New Zealand with multiple stops at drinking establishments along the way. The name comes from the original rule that a vehicle is purchased for less than NZ$500, and optionally decorated.

In criminal law, consent may be used as an excuse and prevent the defendant from incurring liability for what was done.

Clothing laws vary considerably around the world. In most countries, there are no laws which prescribe what clothing is required to be worn. However, the community standards of clothing are set indirectly by way of prosecution of those who wear something that is not socially approved. Those people who wear insufficient clothing can be prosecuted in many countries under various offences termed indecent exposure, public indecency, nudity or other descriptions. Generally, these offences do not themselves define what is and what is not acceptable clothing to constitute the offence, and leave it to a judge to determine in each case.

Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.

Dilworth School School

Dilworth School, often referred to simply as Dilworth, is an independent full boarding school for boys in Auckland, New Zealand. It is the largest full boarding school in both the country and Australasia. Owned and operated by a charitable trust, boys selected to attend do so on scholarships covering education and boarding costs.

Arthur Allan Thomas is a New Zealand man who was granted a Royal Pardon and compensation after being wrongfully convicted of the murders of Harvey and Jeannette Crewe in June 1970. Thomas was married and farming a property in the Pukekawa district, south of Auckland before the case. Following the revelation that the crucial evidence against him had been faked, Thomas was pardoned and awarded NZ$950,000 in compensation for his 9 years in prison and loss of earnings.

Life imprisonment has been the most severe criminal sentence in New Zealand since the death penalty was abolished in 1989, having not been used since 1957.

Legality of BDSM Laws on BDSM

Criminalization of consensual BDSM practices is usually not with explicit reference to BDSM, but results from the fact that such behavior as spanking or cuffing someone could be considered a breach of personal rights, which in principle constitutes a criminal offense. In Germany, Netherlands, Japan and Scandinavia, such behavior is legal in principle. In Austria the legal status is not clear, while in Switzerland some BDSM practices can be considered criminal.

Arthur William Taylor is a high-profile former prison inmate who served time in Auckland Prison at Paremoremo, Auckland, New Zealand. In 2016 he had spent 38 years in prison and had a total of 152 convictions. As a prison inmate, he achieved a public profile as a "prison lawyer" due to initiating court action on behalf of himself and prisoners' rights. In 2017, he initiated successful legal action on behalf of former prisoner David Tamihere. On 24 January 2019, Taylor's appearance before a parole board resulted in parole being granted, and he was released on 11 February 2019. He had said not long before release that he wanted to gain a law degree and continue his social work.

Evidence Act 2006

The Evidence Act 2006 is an Act of the Parliament of New Zealand that codifies the laws of evidence. When enacted, the Act drew together the common law and statutory provisions relating to evidence into one comprehensive scheme, replacing most of the previous evidence law on the admissibility and use of evidence in court proceedings.

Grace Emmie Rose Millane was a British tourist whose disappearance in Auckland, New Zealand, in December 2018 sparked international attention. A 26-year-old man, Jesse Shane Kempson was charged with her murder on 8 December 2018, and her body was found in the Waitākere Ranges to the west of Auckland the following day. Kempson's name was suppressed by New Zealand courts, meaning it could not be published in New Zealand; however, some international media outlets chose to publish it contrary to the New Zealand court order.

Amber-Rose Rush was a 16-year-old New Zealander whose death in Dunedin in February 2018 drew extensive national media coverage. Venod Skantha, a 30-year-old Dunedin doctor, was subsequently charged with her murder. The trial of Skantha commenced in 4 November 2019 at the Dunedin High Court on a charge of murder and four counts of threatening to kill. On 26 November 2019, Skantha was found guilty of all charges. In 2020 he was sentenced to life imprisonment, with a minimum non-parole term of 19 years. On 14 April 2021, the New Zealand Court of Appeal dismissed Skantha's appeal and affirmed his conviction. The following day, Skantha was reported to have died in custody.

Naturism in New Zealand Lifestyle of living without clothing in New Zealand

Naturism refers to a lifestyle of practising non-sexual social nudity in private and in public, and to the cultural movement which advocates and defends that lifestyle. Both are also known as "nudism". Naturist organisations have existed in New Zealand since the 1930s. Although not a daily feature of public life, social nudity is practised in a variety of other contexts in New Zealand culture.

References

  1. 1 2 3 4 5 6 7 8 9 10 McNeilly, Hamish (5 March 2014). "'What does ... justice mean?'". Otago Daily Times . Retrieved 20 July 2014. ... performing an indecent act intended to insult or offend a woman.
  2. 1 2 'Sex offence victim calls for high profile offender to be named' on TVNZ news website, dated 2014-10-21, viewed 2014-12-01
  3. 1 2 "Prominent man avoids indecency conviction". Otago Daily Times , dated 2014-03-05, viewed 2014-07-21
  4. ↑ "Wakatipu man set for trial in Dunedin Archived March 3, 2016, at the Wayback Machine ". Mountain Scene, dated 2012-05-10, viewed 2014-07-21
  5. ↑ "126 Indecent act with intent to insult or offend: Every one is liable to imprisonment for a term not exceeding 2 years who with intent to insult or offend any person does any indecent act in any place." Crimes Act 1961, sec 126 on New Zealand Legislation website, viewed 2014-07-21
  6. ↑ "Victim disgusted by name suppression". Otago Daily Times, dated 2013-09-25, viewed 2014-07-23
  7. 1 2 3 4 "Digital era subverts suppression". Otago Daily Times, dated 2014-07-19, viewed 2014-07-21
  8. ↑ for example, letters to the Otago Daily Times newspaper on 7, 12 and 17 July 2014
  9. ↑ "Maggie Barry: I was groped by Rolf Harris". New Zealand Herald, dated 2014-07-04, viewed 2014-07-21
  10. ↑ "Rodney Hide: Forget Rolf, Maggie. We have our own sexual predator to name and shame". New Zealand Herald, dated 2014-07-13, viewed 2014-07-21
  11. 1 2 "Indecent act man calls in lawyers". New Zealand Herald , published 2014-07-20, viewed 2014-07-21
  12. ↑ 'Labour chief meets sex offender but says he didn’t know background on The New Zealand Herald website, dated 2014-07-21, viewed 2014-12-01
  13. ↑ 'Henare in court over alleged suppression breach' on 3News website, dated 2014-12-02
  14. ↑ Criminal Procedure Act 2011 "211 Offences and penalties: (1) Every person commits an offence who knowingly or recklessly publishes any name, address, occupation, or other information in breach of a suppression order or in breach of any of sections 201, 203, and 204."
  15. ↑ 'Ex-MP reveals suppressed name' on stuff.co.nz website, dated 2014-11-17, viewed 2014-12-01; Henare not named in cited article
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.