- By Jane Nixon, Franklin Times
A man charged with arson at the Waiuku Business Park last month can now be named after a judge refused to grant him ongoing name suppression.
Janus Breytenbach, 30, appeared in the Manukau District Court on December 10, seeking to keep his identity secret.
But the application was dismissed by Judge Yelena Yelavich on the grounds that open justice outweighed any possible “extreme hardship”.
Breytenbach, who is on bail, entered a not guilty plea at his first court appearance on November 26, following his arrest.
Because of this plea, many of the details around the allegations cannot be reported.
Amongst other points, his lawyer, known as Mr Roy, argued that the jury for the upcoming trial might be sourced from the “small” town of Waiuku which might prejudice the trial.
However, the Crown said the jury would be sourced from a “wider network” from south Auckland.
Judge Yelavich was not satisfied that any of the defence’s arguments met the threshold that would lead to name suppression being granted.
Breytenbach is charged with intentionally damaging immovable property by fire in relation to the blaze that engulfed part of the Future Post site late on November 24.
The fire was not under control until the morning of November 25.
The charge carries a maximum penalty of 14 years’ imprisonment.
Police allege the man intentionally and without lawful claim damaged property at the business park, where fire crews from 16 Auckland brigades battled a large, smoky blaze throughout the night.
His lawyer lodged the suppression bid on December 2, after the Times sought confirmation of his identity.
Bail conditions for Breytenbach include “not to go into the Waiuku township even in the company of his mother or father, except if passing through without stopping”.
Breytenbach is next due to appear in court in March next year.
