There are four complainants involved in the case. The offending is alleged to have occurred between 2014 and 2021.
Johnston could face up to 20 years in prison if convicted on the most serious charges.
Cole Johnston, seen playing Jack in a Puff the Magic Dragon production about a decade ago, will go on trial next year, accused of sexually abusing four girls.
Judge Sinclair said the role of NZME was to be the “eyes and ears” of the public in the courtroom during Johnston’s 2027 Auckland District Court trial.
“Importantly, whether this application is granted or not, NZME is not prohibited from reporting on the trial and further publishing photographs,” Judge Sinclair wrote.
“There are already images of Mr Johnston in the public sphere, and (absent suppression orders) the law does not prevent the media taking visual images of those who enter and exit courts.”
The Crown, she said, was neutral about NZME’s bid to use cameras in court. But two of the complainants did not oppose the application, while the other two had not provided their views.
Judge Pippa Sinclair. Photo / Sarah Ivey
The judge noted that Johnston was also concerned about the public commentary on social media, which “could be well founded”.
“However, I consider ‘fair and accurate’ coverage of the trial by accredited media would go some way to address these concerns and help mitigate any potentially inaccurate and abusive commentary that can take place on social media.”
She said that made it “all the more important” that accredited news media organisations were able to report on the trial.
“I am not satisfied that the matters raised by Mr Johnston are sufficiently compelling to rebut the presumption of openness or to otherwise prevail against the public interest in favour of publication.
“I grant the application. NZME is permitted to capture photographs, sound and vision for publication.”
Fears actor’s career could be impacted by ‘damaging’ photos
Earlier this month, defence counsel Matthew Creamer argued Johnston was dealing with mental health issues. He was “very concerned” his career would be taken away if “damaging” photos were publicised of him “sitting in a dock”.
Creamer, speaking on behalf of Johnston’s lawyer Sumudu Thode, said pictures of Johnston in court could further feed into discussions on social media sites such as Reddit.
This, he said, was where some users had “assumed his guilt” and where he had been subjected to threats.
Cole Johnston. Photo / Supplied
NZME lawyer Isabella Ieremia took issue with the submission that a photo in the dock was characterised as “damaging” and said the media were unable to control what happened on social media.
She submitted that court proceedings were open to the public and argued Johnston’s opposition to visual and audio coverage in court was “without merit”.
Media were already free to identify Johnston as he had lost his bid for suppression, Ieremia said, and in-court media coverage would help ensure fair and accurate reporting.
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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