High-profile sportsman continues battle for name suppression in Court of Appeal

A high-profile sportsman has continued a long-running legal battle to keep his name secret after he was linked to an international drug conspiracy. 

The Court of Appeal considered details of the case for a second time on Wednesday.  

During the hearing, the sportsman's lawyer, Michael Heron QC, took issue with the Crown saying his client had been "intimately involved" in the financing and importation of methamphetamine. 

Heron said such a claim was a "fundamental misconception", and it was "not fair, reasonable and it was not necessary" to make the connection. 

The sportsman's name was mentioned several times during the drug-trafficking trial of  Tevita Fungupo, Tevita Kulu, Toni Finau and Halene Ikuia in Auckland last year. 

The conspiracy ring leaders - Kulu and Fungupo - got 18 and 17 years' jail respectively.

The offending of Kulu and Fungupo involved the importation of methamphetamine and cocaine from California, disguised as packages of Nike sports shoes or clothing. 

Heron said the sportsman had "never transported or changed cash for these people. He has never had any dealings with importing methamphetamine. He has said that on oath".

The sportsman was never charged as part of the police investigation into the drug trafficking. Police did obtain a search warrant for his property, but it was never executed. 

Detectives wanted to interview the sportsman, but he declined the request. Heron said there were "many reasons" people don't wish to speak to the police and this should not count against his client.  

In a decision issued by the Court of Appeal last year, it said there was a "legitimate public interest" in knowing about allegations of serious misconduct against a high profile person and of the decision by police not to charge him. 

On Wednesday, Court of Appeal Justice Stephen Kos said if the sportsman was named, he’d be in a "very good" position to respond to the claims, as he could summon the resources of his legal and public relations teams. 

The sportsman's bid for name suppression is opposed by the media, including Newshub, Stuff, NZME and RNZ. 

Lawyer for Stuff and NZME Robert Stewart said the case was about ensuring the principle of openness was given the fullest consideration. Stewart said if there was some "favoritism or bias" because of the sportsman's profile, it was important journalists and the public had full possession of the facts.   

Heron responded by saying that the real reason the media wanted to publish the sportsman's name was to "suggest he was guilty" and to "sell papers".