It’s been more than two years since Jesse Shane Kempson was arrested for the murder of British backpacker Grace Millane. But, it was only today that the Auckland man was legally able to be named, the prolonged suppression frustrating many.
The 28-year-old’s identity was suppressed mainly because of his right to a fair trial for other charges relating to two other women. Kempson’s lawyers successfully argued that juries in those two trials could be influenced if they knew of his murder conviction.
Law Professor Chris Gallavin from Massey University said this was common in New Zealand and overseas.
“The general rule is the jury is not to know about the previous convictions, allegations or charges that a person may face, unless those charges are effectively strikingly similar to the charges that they face,” he said.
However, even when Kempson elected to be tried by a judge alone in his other cases, the name suppression remained.
Gallavin said this was because of the possibility that the charges relating to Millane might be appealed.
“There might have been a new trial. And, if a new trial, they didn't want members of the public knowing that he was facing what was, quite simply, a raft of charges.”
Before the further charges against Kempson were revealed, the public started to speculate about the reasons for his prolonged name suppression. One claim said he was the son of a politician and was getting a favour from the judge.
While the courts ruled before the Millane murder trial that Kempson would maintain suppression for all his cases until they were determined, with a bit of Googling, his name and photo could be found in international media where name suppression orders had no effect.
In fact, Google searches for his name peaked at around the time of his arrest, again when he was found guilty of murder, and once more when he was sentenced to life in prison.
Now, questions are being asked about whether a jury should be allowed to know.
“It might be time to relook at that,” Gallavin said.
Gallavin said he was satisfied New Zealand’s courts didn’t grant name suppression too easily. He said he also believed courts overseas wouldn’t have named Kempson any sooner.
The name of the Auckland man who murdered the British backpacker can finally be revealed. (Source: Other)
He acknowledged name suppression was frustrating for the public.
“It appears as the old adage goes, justice delayed is justice denied. And this has been going on for a very long time. But, the end is in sight."
Kempson was found guilty of Millane's murder last year and sentenced to life imprisonment with a minimum non-parole period of 17 years.
SHARE ME