AUCKLAND HIGH COURT

CONTENT WARNING: THE FOLLOWING STORY CONTAINS INFORMATION ABOUT SEXUAL ASSAULT THAT MAY BE HARMFUL TO SOME READERS.

22-year-old Auckland man Luca Fairgray has been identified as the convicted perpetrator of sexual offence against a minor in 2023.

Fairgray had sought to continue his name suppression following the conclusion of his trial on February 28th.
The victim-survivor’s attempt to appeal the offender’s name suppression faced backlash from Fairgray’s lawyer aiming to uphold his anonymity.

Fairgray was found guilty of three counts of sexual contact with a minor and a further count of supply of cannabis. The girl was aged 13.

During the trial Fairgray’s lawyer had not disputed the fact that their client had entered into a sexual relationship with the victim-survivor but claimed that she had told him that she was 16.

Mr Fairgray’s lawyer had also put forward the argument that their clients Autism and social issues were a factor in his actions. Stating further that the jury needed to consider Fairgray’s condition or risked discriminating against him on the basis of disability.
Kate Green, reporting for Scoop, quoted Justice Ellen France, “As the High Court said, ‘any of his victims told him to stop. One in particular was screaming out in pain before he stopped.’ This was not a case of missing some social cues.”
“The offending took place over an extended period of time and involved a number of victims – therefore, it could not be a case of “a teenager who has made some terrible mistakes”.

The Crown accepted he struggled in some social situations but otherwise was very intelligent and capable. Fairgray was remanded in custody by Judge Evangelos Thomas until sentencing on March 31st. Sexual connection with a minor carries a maximum sentence of 10 years. Fairgray had appealed all the way to the New Zealand Supreme Court to have his name suppression order remain intact post-conviction but had failed at each stage of the appeal process.

Shortly after being named publicly, it came to light that in 2021 Fairgray had pleaded guilty to 10 charges against him involving six teenage girls including rape and sexual misconduct and was sentenced to 12 months home detention and 12 months supervision. The earliest offence had happened when both Fairgray and his victim-survivors were 14-years-old.

However, because of Fairgray’s appeal process he was able to keep his name suppressed until last month even after subsequent new charges were filed.

Three of the victim-survivors in the 2021 case: Rosie Veldkamp, Mia Edmonds, and Ellie Oram – successfully applied to have their name suppression lifted in order to speak publicly about what happened to them and protect other women.

Again from Kate Green of Scoop, Edmonds shared All we really can do is hope that eventually, his name will come out, and anyone who is able to see that will feel more empowered to speak up if they’ve been through something like this.”, and from Veldkamp, “It has been an injustice to allow females to cross his path without knowing who he is and the disgusting crimes he has committed with no remorse again and again.”

Green reported from the judgment, “There may be other victims who might come forward if [he] is named,”.

“The victims are also concerned about the potential there will be other complainants in the future, absent any ability to warn young women about [his] previous offending.”

With the repeated sex offender being 22 until his name suppression was lifted, the sentiment of those harmed by Fairgray’s malice is a hope that protecting potential victim-survivors will supersede the anonymity of those perpetuating harm for the youth of Aotearoa. With a commitment to rehabilitating and reintegrating young offenders, it would require continued precedent and a specific provision of the Criminal Procedure Act for New Zealand to more often lift name suppression when a young offender’s case is heard outside the Youth Court.

WHERE TO GET HELP

If it’s an emergency and you feel that you or someone else is at risk, call 111.

If you’ve ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:

  • Call 0800 044 334
  • Text 4334
  • Email support@safetotalk.nz
  • For more info or to web chat visit safetotalk.nz

On campus student health offer support and a place to chat in person. Urgent appointments are also available:

  • medcent@waikato.ac.nz
  • (07) 838 4037

If you feel unsafe on campus, you can call UniSafe:

  • 07 838 4444 (Hamilton and Tauranga)