Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 1/05
Determination date 05 January 2005
Member P R Stapp
Representation D Kennedy ; J Ferguson
Location Wellington
Parties A v Lowe Corporation Ltd
Summary PRACTICE AND PROCEDURE – Application for prohibition from publication of applicant’s name – Matter subject to 90 day rule determination – Application based on anxiety and fear about safety – Applicant went to police and became a Crown witness – Alleged possibility of becoming victim of revenge – Gang connections involved – Alleged any publicity would reawaken interest in applicant as witness for prosecution – Accused had been granted bail and variation to bail conditions enabled accused to associate with applicant at work before trial – Arrangements for applicant to contact police if necessary though no evidence that had been done – Accused presumably knew of applicant’s involvement in investigation when applicant’s statement given to defence solicitor – No evidence provided to support grounds for fear or anxiety about safety – Application declined – Interim name suppression to protect applicant’s challenge rights
Result Application dismissed ; Orders accordingly ; Costs reserved
Number of Pages 3
PDF File Link: wa 1_05.pdf [pdf 14 KB]