The Crown says DNA belonging to a member of New Zealand's embassy staff in Washington DC was found inside a camera installed in a toilet.
The case is being heard in the Auckland District Court because the incident is said to have happened inside the New Zealand embassy in Washington DC, and is therefore treated as happening on New Zealand soil. Photo: RNZ / Cole Eastham-Farrelly
Because the incident is said to have happened inside the New Zealand embassy, it is treated as New Zealand soil, and the case will be heard in Auckland.
Today in court, the man's lawyer Graeme Newell, asked the court to continue his name suppression.
Mr Newell said the sole issue at trial would be identity and he said having his client named could influence any witnesses who are yet to come forward.
But the Crown Prosecutor Brian Dickey said he couldn't follow that argument.
The offending happened in the New Zealand embassy in Washington and there had been a full investigation by the police, he said.
Mr Dickey said the case turns on the crucial evidence of DNA being found on the data card inside the camera.
Mr Newell's argument about negative effects on friends and family also failed to meet the threshold, he said.
Judge Kevin Glubb agreed.
He said there was no independent evidence before the court that naming the man would have an effect on the man's family that would be out of the ordinary.
In relation to the man's fair trial rights, Judge Glubb said he was not entirely sure that he understood the argument.
He said there were no eye witnesses to the offending and the case turns on DNA being found inside the camera.
Judge Glubb said he couldn't see how the man's identity could be an issue and declined to continue the suppression order.
However, because Mr Newell immediately said he would appeal the decision, the man's suppression has been continued.
He has 20 working days to lodge it.
The man pleaded not guilty to the charge of attempting to make an intimate visual recording and has elected trial by jury.
He is due back in court in July.
