Grace Millane murder trial could be threatened after Google ‘illegally’ names suspect

THE trial of a man accused of killing Grace Millane is in jeopardy before it even starts after his name was published on Google, according to a leading barrister.

The body of backpacker Grace, 22, from Essex, was formally identified on Wednesday after she went missing from a hostel in Auckland, New Zealand, on December 1.

However, the 26-year-old charged with her murder has been granted interim anonymity by the courts after an appeal by his lawyer.

Despite that, his supposedly "suppressed" name has been searched for more than 100,000 on global search engine Google.

Now New Zealand Bar Association vice-president Jonathan Eaton QC claims that could undermine the chance of finding an impartial jury.

Google even sent out an email to subscribers of its Google Trends service naming the accused in the subject line, it's been reported.

"That's obviously quite extraordinary and raises a couple of issues, the first is that demonstrated the justice process struggling to cope how we reign in the social media aspect in the internet age," said Mr Eaton.

The legal expert understood Google's explanation that the company was not aware of the suppression, but said there should still be an enquiry.

Eaton said from a legal perspective it was "hugely problematic".

"Everybody who is accessing the defendant's name is obtaining information which has been suppressed by way of a court order which is completely undermining the current legal states of the case in New Zealand," he told RNZ.

Earlier we reported how Google could be prosecuted for naming the suspect.

It is currently illegal to reveal the suspect’s name due to a temporary suppression order which is in place as he awaits trial.

But the search giant sent out a mass email to subscribers in New Zealand who signed up to receive the top trends in the country.

The message included the man’s name which Justice Minister Andrew Little believes violates the suppression order.

Google has denied knowing about the court order.

Mr Little said that if the email could be traced to any of the search company’s New Zealand’s infrastructure then the firm could be prosecuted. reports the New Zealand Herald.

He told TVNZ: "They should not be allowed to say 'it's all the machine's problem it's nothing to do with us.'

“The truth is, Google is responsible for publishing in New Zealand information that's been suppressed by a court.

"They've acted in contempt of court accordingly. We have to find a way of calling those folks to account.”

A Google spokesperson told the NZ Herald said that an initial internal probe showed that the firm were not aware of the suppression order.

They said: "When we receive valid court orders, including suppression orders, we review and respond appropriately.

“In this case, we didn't receive an order to take action.”

Under New Zealand law, a suspect and victim can ask to have their name supressed making it illegal to publish it.

This protects people who have not been proven guilt and also ensures that the jury is not prejudiced by the media coverage.

Lawyers for the man accused of killing Grace said they would request a suppression order from a high court after the order was refused by the Auckland district court.

This triggered an automatic 20-working day suppression.

Google’s email, which was first spotted by website The Spinoff, showed that there had been more than 100,000 searches for the suspect’s name.

The accused played for a number of top sporting teams, including a New Zealand under-19 side, the NZ Herald reported.

A former aquaintance of the accused man told Daily Mail Australia: “He was always trying to get with younger girls... he was very quiet around the boys.

“His life revolved around girls, talking to girls.”

Detective Inspector Scott Beard said on Tuesday that detectives were searching for a shovel.

He said: “At this point we don’t know where this item is. It could be anywhere between the Scenic Drive and central Auckland areas.

"Someone may have come across it, picked it up and taken it home. We need to speak to that person or anyone who has seen it.”

The suspect is on remand after appearing in Auckland District Court on Monday charged with Grace’s murder.

He will next appear in the city’s High Court on January 23.

It comes as hundreds of people back in Grace’s home town of Wickford, in Essex, paid tribute to the 22-year-old at a vigil.

What happened to Grace?

Grace was last seen on Saturday, December 1, 2018.

Originally from Essex, she travelled to the North Island city in late November but alarms bells rang when she failed to respond to birthday well-wishes on her 22nd birthday on December 2.

Grace had been staying at the £10 -a-night Base Backpackers on Queen Street, a popular location for travellers in the centre of the city.

Her family was left baffled after they lost contact with Grace, describing her silence as "completely out of character".

She was last seen on CCTV going into a hotel with a man she is believed to have met on a dating app on the night she vanished.

After a week of frantic searching, police found a body in the hunt that has since been identified as that of Grace near a beauty spot on the outskirts of Auckland.

On December 9, police announced they were investigating the death as homicide.

Detective Inspector Scott Beard added it was an "unbearable time for the Millane family and our hearts go out to them".

We pay for your stories! Do you have a story for The Sun Online news team? Email us at tips@the-sun.co.uk or call 0207 782 4368 . We pay for videos too. Click here to upload yours