Top judge may face charge

Car scratched while parked across $1m apartment's driveway

By JONATHAN MARSHALL - Sunday News
Last updated 05:00 05/07/2009

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EXCLUSIVE: The decision on whether one of New Zealand's most senior district court judges will be charged with wilful damage will be made as early as tomorrow.

North Shore District Court judge Michael Lance QC has been interviewed by police officers investigating the keying of a car parked across the garage driveway of his $1 million Browns Bay, North Shore, apartment earlier this year.

Lance a former police complaints authority deputy head has vigorously denied the allegation, telling Sunday News he did nothing wrong.

The police investigation has focused on whether the judge intentionally used a key to scratch a Volkswagen Golf more than 20 times, causing $4000 damage, around 12.30pm on March 23.

Sunday News has been told Waitemata police have completed their inquiry, which has been reviewed by a senior lawyer outside Auckland.

Lance agreed to be interviewed by police and behaved "co-operatively", according to inquiry head, Detective Inspector Bruce Scott.

A number of witnesses had been interviewed, including two constables who were present during the alleged incident, Scott said.

Police would this week announce whether Lance would be charged.

"We have finished our bit and we are about to make an announcement on what will happen next," Scott told Sunday News.

"We've got a legal opinion and it's with me and the bosses at the moment and a decision will be made shortly."

The matter was being given last-minute consideration by police national headquarters, including likely consultation with Commissioner Howard Broad.

Lance met a Sunday News reporter on Friday and strenuously denied any offending.

"It's hardly the thing you are going to do at lunchtime when there are people walking everywhere," he said.

Lance said his colleagues had been "very" supportive of him during the police investigation.

His lawyer, John Haigh QC, had no comment on the case but urged people to view the matter as one of "alleged car keying".

A Summary Offences Act charge of wilful damage has a maximum penalty of three months' imprisonment or a $2000 fine.

The Volkswagen Golf owner, Auckland businessman Richard Cummins, said he was frustrated by the length of time the police inquiry into the damaging of his car had taken. But he was satisfied with its thoroughness.

His car was insured but it was the inconvenience of having the vehicle off the road for repairs which annoyed him.

He was also left with a $400 insurance excess bill.

Lance is one of the country's top district court judges.

He graduated with a law degree in 1960, and 30 years later was appointed a district court judge specialising in criminal jury trials.

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In 2007 Lance was appointed deputy to then-named Police Complaints Authority.

He later returned to the bench.

Lance, who turns 73 on Tuesday, told Sunday News he had plans for what he would do post-law:

"I suppose I will be doing what all other people do when they retire.

"I do have a few things I am working on in the background."

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