Allegations of Sexual Abuse
	Mt Maunganui Pack Rape Case 7. Appeal Verdict; Retrial for one
	The Dominion Post May 4 2006 Cat's out of the bag judges say, but names suppressed The Court of Appeal has confirmed that courts would not normally suppress names if earlier publication means "the cat was already out of the bag". But the three judges yesterday held back from rescinding suppressions they reimposed last month for two men. The names of both men were lawfully published during their trial on rape and abduction charges in Wellington last year, though the identities of two co-accused were suppressed throughout. One of the men has since been granted a retrial, but the convictions of the other three, and sentences ranging from seven years to 8-1/2 years, were upheld on appeal. As part of the appeal decision the judges reimposed name suppression for all four men. Fairfax New Zealand, publishers of The Dominion Post, yesterday asked the court to rescind the orders for the two men whose names had already been published, on grounds that suppression was now futile, and on general open justice principles. Delivering the court's judgment, the President Justice William Young said that in ordinary circumstances there would be no suppression, as the "cat was well and truly out of the bag", but factors relating to the other two men meant it was a far from ordinary case. He said it would be irresponsible for the Court of Appeal to act precipitously at this time, but indicated the decision would be reviewed later.