Sex charges email may test suppression

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A chain email flouting the name suppression of an entertainer facing sex charges may force a test case for the courts, law experts say.

Internet giant Yahoo's webmail service was used to create an anonymous email address and send messages naming the man.

He was given permanent name suppression and a discharge without conviction when he appeared in court recently to plead guilty to performing an indecent act involving a teenage girl in Wellington. His lawyer successfully argued the publicity could harm his career.

The email names the man and threatens a campaign of "every man, woman and child in New Zealand, every bar, nightclub, record label and musician in the world that deals with [man's name] in one way or another, will be contacted by us and informed of what he has done".

Associate Professor Ursula Cheer, a media law expert of Canterbury University, said the email was so blatant it could force a test case on the way in which the justice system dealt with web-based methods of getting around court orders. "The law is untested in relation to this particular sort of method."

The entertainer's name is already widely known. Even Prime Minister John Key admitted he knew his identity, having learned it on the grapevine.

But the email, written under the name dirtyvigilante@yahoo.co.nz, deliberately challenges the legal system. It said: "We just named him ... Sort it out John Key, even you wanted to know. It is a basic right. A criminal should own up to the crime he is found guilty of.

"Either he faces his fans and the general public of New Zealand, and admits what he did and takes responsibility for his actions, or we will."

The Justice Ministry, responding on behalf of the courts and Solicitor-General David Collins, said it would not pursue the matter as contempt of court. The breach of a name suppression order was an offence under the Criminal Justice Act and it was up to police to prosecute.

Police spokesman Jon Neilson said police would assess the email if it was referred to them.

Kevin Bowler, chief executive of YahooXtra, said Yahoo would co-operate with police to identify whoever was using the account to send the email.

- © Fairfax NZ News