A Tauranga mother's call to name the son found guilty of raping her has been upheld by the High Court.
Adam Charles Pollard can now be named, as can his biological mother Erin Wills.
According to court documents Wills adopted out Pollard shortly after his birth when she was 14 or 15-years-old.
They had minimal contact until he was 28 and she was 42, when he located Wills and they began living together. The offending began soon after, occurring during the period from May 2010 until May 2011.
Pollard was charged with 35 counts of sexual and violent offending against his birth mother.
At his jury trial Pollard pleaded guilty to one count of injuring with intent to injure on May 28, 2012, at the conclusion of the Crown case.
Two days later the jury found him guilty on 13 counts - one representative count of rape; nine counts of incest, three of which were representative charges; two representative counts of male assaults female; and one count of threatening to kill.
Pollard was sentenced to five years and nine months jail.
Pollard then appealed the rape charge conviction and interim name suppression continued until the appeal was dismissed.
Pollard also appealed the District Court decision to deny permanent name suppression, which has now been rejected, with the High Court stating there was no appealable error made by the District Court Judge.
While the High Court judge sympathised with the Pollard family, who have been supportive, honest, and are not responsible for what has happened - their concerns do not displace the presumption of open justice.
The judge also considered concerns in relation to Pollard himself. These included the impact on his biological father, an incarcerated gang member, and the potential risk that Pollard would not be able to see his son in the future because his former partner might cease contact when she discovered the nature of the charges. Also considered was the shame to his family and the potential for it to destroy his relationship with them; and impact on the appellant's rehabilitation.
These matters were carefully weighed and found to be insufficient, according to the High Court ruling.
Under New Zealand law there is a general prohibition against publishing the names of victims of sexual offending, and the names of people charged with or convicted of incest.
However, if a victim seeks publication the Court can order publication. Erin Wills requested publication and an order was made.



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