Johnston said he would take every step necessary, through the proper legal process, to clear his name.
Cole Johnston has lost his legal battle for name suppression. Photo / Supplied
“I understand the public may be interested in this matter, but as it is now part of a legal process, I cannot make any further comment,” he said.
In Auckland District Court last month, his lawyer Sumudu Thode argued Johnston should be granted name suppression as he had already suffered significant consequences.
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Thode alleged opportunities for him had been cancelled and others he had decided not to pursue.
She said Johnston had also suffered psychological and personal consequences, for example, she said a friend had now refused to have him in her wedding party.
If his suppression was not continued, Thode argued there would be virtually “no prospect” of him recovering from the reputational damage.
She also said there was a risk his fair trial rights would be prejudiced and his family would suffer extreme hardship.
Judge Simon Lance said the guiding principle on name suppression was open justice and that would be a steep uphill battle for Johnston to overcome.
Prosecutor Emma Kerr said the application for name suppression did not reach the threshold to be granted, nor was there a risk to his fair trial rights.
In regard to the professional impact on him, she said his submissions highlighted the importance of trust-based working relationships.
In her submission, given the nature of his work, particularly with youth, publication would likely render him unemployable.
She referenced how he submitted that he chose not to go to a recent audition because of his mental health.
That, Kerr said, was different than a consequence of publication and was “not close to what would resemble extreme hardship”.
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Kerr told the court the charges were serious, the conduct alleged was not “fleeting” and naming him was in the public interest.
Johnston had an opportunity for this type of alleged offending by virtue of his role, she alleged.
In a decision issued last week, but unable to be publicised until now, Judge Lance wrote that he did not consider the threshold for extreme hardship had been met.
“I concur with the prosecution’s submission that in this case open justice should not yield.”
He said Johnston had not provided any evidence that his existing contracts or opportunities would be terminated if he was named.
“The information is all ‘self-reported’ in his affidavit,” the judge wrote.
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He said other challenges Johnston was facing were the result of charges being laid and the proceedings getting under way.
Judge Lance did not accept there was a real risk to his fair trial rights.
According to court documents, it’s alleged the offending occurred in Auckland between January 2017 and January 2021.
Waitematā Detective Senior Sergeant Nick Poland earlier told the Herald that police began investigating the alleged historical offending after a report in September 2024.
Poland said the alleged offending included multiple counts of male rapes female, unlawful sexual connection, doing an indecent act and meeting after sexual grooming.
“Police would always encourage anyone with concerns or matters they need to raise with us to get in touch, in confidence.”
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Court documents show police laid eight sexual violation charges, all of which are representative and carry a maximum imprisonment term of 20 years.
Johnston is also facing three charges of allegedly committing an indecent act on a young person aged 12 to 15.
All three are representative and carry a seven-year maximum sentence.
The final representative charge carries the same penalty but relates to alleged grooming.
Katie Harris is an Auckland-based journalist who covers issues such as sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.
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