Rob Nichol on Sevu Reece case: No instruction for rugby players to ...

He said anyone with a high profile is held to account when police are involved, as there’s pressure on officers to get it right.

“Look at some point, we’ve all got to step back and trust the judicial system. But it is interesting whether it’s a rugby player or another person with a high profile, if they’re involved in an incident that ultimately leads police to intervene, there’s an intensity and scrutiny on the police to get it right.

“So that tends to mean that they’re definitely held to account and put before the courts when they do go before the courts because of the attention. We find the courts are pretty good about name suppression to allow people to gather themselves, get legal advice, take stock of the situation.

“But then as the process goes on this, there’s a very high threshold put against people with profile and for them to get a discharge without conviction, they have to demonstrate a lot to the court probably more than a normal person.

“That’s part of the package, it’s what you sign up for.”

It is the second time Reece has avoided a conviction. In 2018, he was granted a discharge after admitting a charge of common assault on his then partner.

Yesterday, he was supported in court by his current partner, Kiri Howell.

Nichol said there is no direct instruction to players to seek name suppression in cases, preferring for them to own it if they admit they were in the wrong.

“There’s no instruction. It’s very much about the individual person getting their own legal advice. But by and large, our approach to be perfectly honest is normally ‘have you stuffed up here or not?’ because if you did our expectation is you own it,” he told the Mike Hosking Breakfast.

“We’re very much about if you didn’t do it and you’re going to defend, then fair call. But if you did do it, you know the way in which you approach it, the way you own the situation, the way you demonstrate to everyone, including the victims and complainants that you have recognised, you’ve stuffed up and you take positive steps and if the court sees that, that tends to help but it doesn’t matter whether you’re a personal profile or not.

“But I tell you what, a discharge without conviction, but you’re still all over the TV, you’re all over the media. I don’t think there’s a person in the country that won’t know what’s taking place here and that brings a level of accountability on their actions.

“Sevu’s stopped drinking. He’s taken a lot of steps and shown actually really good growth over the last year and a half.

“So, whilst I have a lot of empathy for the victims in the situation, it’s also actually a good thing for him in terms of the steps he’s taken and I guess that’s what we want from the judicial system, right,” Nichol said.

After the hearing, the suppression order preventing Reece’s name from being published lapsed.

Reece initially faced two charges: taking a car “dishonestly and without claim” but not in circumstances amounting to theft; and intentionally damaging the car owner’s garage door.

He pleaded not guilty to those charges and elected a trial by judge alone.

However, police reduced the charge to a single count of wilful damage, which Reece admitted.

In June, the Herald was granted access to the court file and can now report more details about the incident that led to Reece being arrested and charged.

According to the police summary of facts, on Wednesday, November 15, 2023 – the day after Cup Day in Christchurch – Reece was at a suburban address.

At about 1.20am, the occupants asked him to leave after he was “disrespectful to other house guests”.

He got into a car parked in the driveway.

The keys were inside and he started the car and “accelerated up the driveway”.

“The defendant crashed the vehicle into the victim’s garage, causing substantial damage to the garage and the vehicle,” police said.

“He exited the vehicle and left the address on foot.”

After Reece admitted the charge, he applied for a discharge without conviction.

That application was heard yesterday morning at his sentencing.

The athlete’s lawyer, Elizabeth Bulger, did not outline the grounds for Reece’s application for a discharge in court.

However, it appeared possible travel issues relating to his playing career were the crux of the matter.

Bulger said a conviction could impact his selection for teams, based on where and if he could travel to certain countries.

She said her submissions were “extensive” and included an affidavit from Reece and a number of references in support of him.

Bulger said his current situation could not be compared to his previous offending.

She said that “domestic violence situation” resulted in Reece suffering severe consequences.

“It’s something he has to revisit a lot and no doubt he will have to revisit it again when the reporting on this matter is undertaken,” Bulger said.

“This is quite different ... This incident was the catalyst for some significant work done.”

She said Reece was happy to pay any reparation the court ordered.

While awaiting sentencing and the details of the reparation order, he had also made “donations”.

Bulger said Reece wanted to attend a Restorative Justice meeting with the victim, however the offer was refused.

Police opposed the discharge without conviction.

Prosecutor Jade Lancaster argued that while the charges were low level, a consequence was needed.

Lancaster pointed out that he had already been granted a discharge and it was “not in the public interest” for the court to continue granting applications in such circumstances.

Judge Elkin said the victim advised the court the incident “scared” his partner.

She could not drive to work because of damage to the car, and the couple’s garage was not lockable.

Judge Elkin said Reece had breached the trust of his victim, who had invited him into his home.

She said after Reece was in court in 2018, he had an extended period without alcohol. But last year, “alcohol had arisen again”.

She acknowledged Reece was remorseful and said it was unlikely he would offend again.

“You have already made donations to KidsCan and Ronald McDonald House to make amends.

“You have been working on your alcohol issues ... attending AA [Alcoholics Anonymous] ... putting in work to turn things around.”

Judge Elkin said Reece’s offending was “low level” and the consequences of a conviction outweighed his actions.

She said Reece had plans to travel for his sport and play overseas at the end of his New Zealand career.

“It’s clear to me here that your work requires you to travel overseas ... I note you’ve already had issues with travel while facing the charges,” she said.

“Your current role isn’t at risk ... you’ve still got a New Zealand Rugby Union disciplinary process to go through. Any risk ... would be well into the future.

“I accept a conviction would present difficulties for overseas travel and future overseas opportunities ... that consequence would likely endure for you for the rest of your life.”

She said the fact he had a previous discharge did not exclude him from being granted another.

“Your previous offending was quite different in nature,” Judge Elkin said.

“Taking all of this into account, by a fine margin I am persuaded that the consequences of a conviction ... would be out of proportion to the gravity of your offending.

“I consider a discharge ... is appropriate.”

The judge said she would have given the same ruling for any person before her on the same charge who had responded in the same way as Reece.

She ordered him to pay more than $2000 in reparation and emotional harm.

Speaking outside court, Reece said he was “so, so sorry”.

“To the family, I’m embarrassed and so, so sorry. And to the fans as well, I’m sorry.

“Lots of positives have come out of this as well. Lots of things I’m working on. It puts things into perspective. I think a lot more clear when there’s no alcohol involved.”

Reece said he had his best season for the Crusaders this year and was selected for the All Blacks. He was also enjoying being more “present” with his two young daughters.

“I’ve got great people around me, great support.

“I think it was a great idea to take name suppression off and face it.”

Reece hoped people struggling with alcohol would learn from his mistakes.

“This is a good story that people could learn from some of the things we took out from court.”

New Zealand Rugby (NZR) said it was running an “employment process” with Reece following the incident – the details and results of which would remain confidential.

“We are satisfied Sevu has taken full responsibility for his actions over the past year, shown accountability and made some positive changes to his lifestyle. We also acknowledge the matter has been dealt with by the courts,” NZR said.

In 2018 Reece, then 21, was granted a discharge without conviction after he admitted a single charge of common assault following an incident involving his then partner.

Reece got into an argument with the woman in central Hamilton on a night out. He was seen yelling at her before he chased her and dragged her to the ground.

She suffered minor injuries to her face and knee.

Reece was sentenced in the Hamilton District Court by Judge Denise Clark.

She heard that the young rugby player was heavily intoxicated at the time of the incident.

Since then, he had admitted a problem with alcohol and had been sober for three months. He had been attending counselling with the woman and she had forgiven him.

Judge Clark said a conviction would have ended a contract he had signed with Irish rugby club Connacht.

She said that would have been out of all proportion to the gravity of the offending.

His status as a sportsman was irrelevant to her ruling.

“I have considered your circumstances and it’s certainly not the case that because you are good at playing rugby that you get the opportunity to be discharged without conviction,” Judge Clark said.

Reece was ordered to pay his victim $750 within 28 days for emotional harm reparation.

Days later, Connaught discontinued the deal with Reece.

In December 2018, Reece was called up to the Crusaders squad and in July 2019 he was selected for the All Blacks’ 39-man team to prepare for the Rugby World Cup.

After moving to Christchurch, Reece met his current partner. They have two young children together.

Anna Leask is a Christchurch-based reporter who covers national crime and justice. She joined the Herald in 2008 and has worked as a journalist for 18 years with a particular focus on family and gender-based violence, child abuse, sexual violence, homicides, mental health and youth crime. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on nzherald.co.nz