The Supreme Court says it is "untenable" that a top Auckland criminal lawyer
facing professional misconduct charges should presume his name should be kept
secret.
Barry Hart can now be named after taking his name suppression battle all the
way to the top court, and losing the case.
Mr Hart is facing the misconduct charges in front of the Lawyers and
Conveyancers Disciplinary Tribunal, which last year rejected his request to keep
his name secret.
Mr Hart went to both the High Court and Court of Appeal, which also rejected
his bid for secrecy.
He then went to the Supreme Court, arguing that the usual approach of open
justice should not apply to a professional person with a high public profile
facing disciplinary, not criminal, charges.
But in a decision released this week, the Supreme Court dismissed the
argument.
The justices said it was "untenable" to suggest people such as Mr Hart had
anything approaching a presumptive entitlement to suppression.
Mr Hart's misconduct charges are still being heard by the disciplinary
tribunal.
NZN