Brodie Hunter, RNZ intern
Police at Gulf Harbour in March. Photo: RNZ / Nick Monro
A man and a woman have been charged in connection to a homicide investigation sparked by an unidentified woman's body found in the waters of Auckland's Gulf Harbour in March.
The pair, both aged 36, made a first appearance at the North Shore District Court on Monday, but this information is allowed to be reported for the first time after sweeping suppressions around the charges and its link to the case have lapsed.
The court heard on Monday they were arrested on Sunday evening after being stopped at the airport.
The two defendants are each facing a charge of performing an indignity to a dead human body of an unidentified deceased, and were accompanied by a Mandarin interpreter on Monday.
Earlier, police prosecutor Henry Steele told the court a media release was sent in error on Monday due to an internal miscommunication, which had led to details being prematurely disclosed.
While various media reported on the new developments and attended court after receiving the media release, Steele sought suppression of all information relating to the arrest - arguing that it would prejudice the investigation.
Steele also sought a take-down order of articles published on Monday about the arrest, which was granted at the time by Judge Ajit Swaran Singh.
The order was opposed by several media at the time.
At the case's second call on Thursday, the sweeping suppressions lapsed and the prosecution no longer sought suppression of the nature of the charges, the circumstances of the defendants' arrest, and the connection to the body of the woman found in the Gulf Harbour.
Steele said they now accept there is little utility in continuing to seek suppression given the publicity that has already occurred.
Meanwhile, defence lawyer Angela Roebeck's application for continued interim name suppression was declined by Judge Anna Fitzgibbon.
However, the names of the defendants are still suppressed due to a pending appeal from the defence.
Roebeck argued that any publication of the names would prejudice the defendants' rights to a fair trial, considering the influence it would have on future jurors.
On Monday, defence lawyer Michael Kan had also argued that one of the defendants has not yet had a chance to inform their family members, who are believed to be in China.
Thursday's application was opposed by a lawyer acting for several media, Daniel Nilsson, who submitted that any reporting will be fair and accurate, that jurors would comply with what iss expected of them and that there is a significant public interest in this case.
Judge Fitzgibbon ruled that she agreed with Nilsson that jurors would comply with directions, and that while juror's may have their prejudices, they are expected to leave that at the door when they come to a trial.
The two defendants have been remanded until a case review hearing in September.
They were excused from appearing on Thursday.
