Well-known businessman Leo Molloy who said British backpacker Grace Millane's killer "needs a bullet" and shouldn't be protected, has been sentenced to 350 hours of community work and fined $15,000 for "blatantly" breaching the suppression order.
Ms Millane, 21, was murdered some time between December 1 and 2, 2018, by Jesse Shane Kempson who she met on a Tinder date in Auckland's CBD.
The killer's identity was suppressed until December 22, 2020 after the Supreme Court ruled he could be named, following convictions for further sexual and violent offending against two women.
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Molloy, who owns HeadQuarters bar on Auckland's Viaduct, previously admitted breaching the suppression order in force while the jury in the murder trial was deliberating.
A number of others were warned by the police for breaching the suppression order, but Molloy was the only person to be charged.
On Thursday, Molloy appeared for his sentencing at the Auckland District Court in front of Judge Peter Winter.
Judge Winter convicted him and sentenced him to 350 hours of community work and a fine of $15,000.
David Jones QC applied for a discharge without conviction, saying his client's motivation behind the posts were that he felt a real sense of injustice because he considered Ms Millane was being "victim shamed".
Jones QC said Molloy, who followed the trial, became "more and more appalled" about how Ms Millane was being spoken of while Kempson continued to have name suppression.
"Mr Kempson's identity was one of the worst kept secrets due to international media."
Molloy has shown remorse as he was not aware his breach could jeopardise the future trials, Jones QC said.
Jones QC said a conviction would have consequences for Molloy's veterinary certificate, his liquor licence registration at HeadQuarters and international travel.
Loss of his liquor licence could have an effect on his bars and staff and the HeadQuarters lease could be terminated, Molloy submitted.
Danielle Houghton for the New Zealand Police said Molloy's breach was "very intentional" and had a high risk of prejudicing the future trials.
While she accepted the name was known by many, it wasn't universally known and there was a high public interest.
This was a time when the reasons for Kempson's ongoing suppression were not known to the public.
"The potential for damage was very, very high," Houghton said.
Judge Winter said suppression orders are put in place to protect the integrity of the court system and contempt of court matters are serious.
"This was published at a critical time, the contents of the publication were serious [and] the defendant had knowledge of ongoing prosecutions."
Judge Winter said Molloy was an intelligent man and must have known he was breaching the High Court order.
The breaches
Court documents previously released to Stuff show Molloy posted on the NZ Premier Racing Community website on November 22, 2019, while the jury in the murder trial was still deliberating.
Molloy started a post on a forum called "Main Street Cafe" at 4.54pm titled: "This is Grace Mullane [sic] murderer."
"He got name suppression because he's also up on another independent rape charge ... he needs a bullet.
"...I put it here because this forum has the traffic and people need to know," the post said.
About 5.55pm that day, the defendant was found guilty of murdering Grace.
Molloy then posted again under his "poundforpound" username at 8.58pm naming the man.
"Jesse Kempson was an employee of my sisters at her restaurant bar, Oyster & Chop, and he flatted with my niece for a short period before he was asked to leave due to his inappropriate behaviour.
"Just saying, and that is a fact."
After his arrest and when asked about his comments, Molloy said the victim had no rights.
"Why should he be protected when this poor little girl wasn't and her family wasn't."
Jesse Kempson's suppression
Kempson's name suppression remained in place after the murder trial to protect his fair trial rights for the future cases.
However, it lapsed in December, despite the killer trying to make a last minute bid to the Supreme Court.
Last year, Kempson was convicted of raping a woman in a motel room – an incident that happened just months before he met Grace.
Kempson was also found guilty of seriously assaulting and sexually violating a former girlfriend.
He has appealed both those convictions with the Court of Appeal yet to set a date for the hearing.
This story originally appeared on stuff.co.nz and has been republished with permission.
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