There was also \u201cpublic interest\u201d in identifying him with respect to the safety of sex workers.<\/p>\n
However, a person connected to him successfully argued they would face \u201cundue hardship\u201d if the defendant was named.<\/p>\n
After weighing the connected person\u2019s arguments against the principle of open justice, the victim\u2019s views, and the public interest in publication, she permanently suppressed the defendant\u2019s identity.<\/p>\n
\u2018People should be protected and safe\u2019<\/p>\n
Aotearoa New Zealand Sex Workers\u2019 Collective national organiser Dame Catherine Healy said the outcome was disappointing.<\/p>\n
She said the offending was \u201creally distressing and an incredible violation of an intimate situation. People should be protected and safe.\u201d<\/p>\n
Healy said it would have taken the woman involved a lot of courage to come forward and go through the court system. <\/p>\n
Dame Catherine Healy. Photo \/ Rebekah Parsons-King, RNZ<\/p>\n
\u201cThere\u2019s a lot of stigma associated with this, and there\u2019s a perception by sex workers that they\u2019re treated differently, so when there\u2019s this kind of outcome, it … can act as a barrier coming forward.\u201d <\/p>\n
While this was a \u201cdisappointing\u201d outcome, she urged those impacted not to let it be a barrier to reporting the crime to police.<\/p>\n
\u201cAnd for people who are perpetrators, think very carefully about what you\u2019re doing. Because you will be discovered.\u201d <\/p>\n
A victim of intimate visual recordings who works in the technology space, but was not involved in this case, said the man\u2019s role as a software engineer made a transparent justice system even more important.<\/p>\n
\u201cPeople around him would be none the wiser.<\/p>\n
\u201cIt\u2019s a real shame for the community and the survivor of the case.\u201d<\/p>\n
She felt the law needed to keep up with changes in technology.<\/p>\n
The survivor felt the case highlighted a \u201cloophole\u201d in a recent law change that banned judges from granting permanent name suppression to anyone convicted of a sex offence<\/a> unless the victim consented.<\/p>\n Judge Fitzgibbon said at an earlier hearing that it did not apply in this case, as no conviction was entered for the man\u2019s offending.<\/p>\n Minister of Justice Paul Goldsmith said yesterday that he could not comment on any judicial case or decision.<\/p>\n However, he said the Government was open to going further with this law in the future, \u201cif we deem it necessary\u201d. <\/p>\n \u2018I shudder to think what images he had\u2019<\/p>\n Court<\/a> documents obtained by the Herald show the software engineer\u2019s offending was discovered when the sex worker noticed him touching the upper right side of his glasses and saw a light flick on.<\/p>\n She immediately took the man\u2019s glasses and told reception staff to call police.<\/p>\n The worker also alleged to the Herald<\/a> last month that he used his Apple Watch to wipe content from his devices while she was out of the room.<\/p>\n She said by the time police got to his home and searched his devices, they told her the devices had been wiped clear and no illegal footage was found.<\/p>\n \u201cI shudder to think what images he had, because if I was so desperate to clear every device that I owned in two f***ing minutes, what am I trying to hide?\u201d <\/p>\nJustice Minister Paul Goldsmith Photo \/ RNZ, Mark Papalii<\/p>\n
Barrister Sam Teppett represented the man in court.<\/p>\n