Judge breaks down at sentencing

An emotional Justice John Fogarty choked up in High Court, in Dunedin, today while sentencing a Dunedin fraudster who fell from grace.

Robin Sew Hoy was sentenced to 10 months' home detention and ordered to pay $325,000 reparation for his part in one of New Zealand's biggest fraud cases.

Sew Hoy was sentenced after admitting one charge of giving 85 secret payments, totaling $755,153.89, between 2000 and 2006, to former Otago District Health Board employee and convicted fraudster Michael Swann as an inducement for obtaining computer help desk services to the health board.

Justice Fogarty choked up while delivering the verdict. He stopped to explain his reaction to what he called Sew Hoy's fall from grace.

"The Chinese Community particularly in this city has its origins in the goldfields – in the same way that my own family did.

"It's extremely rare to see a Chinese person from Otago before this court and it's most upsetting,'' he said.

The court heard that Sew Hoy had reached a settlement with the board to pay $325,000 by December 2 this year. He has also agreed to give evidence against Michael Swann, who has denied accepting inducements from Sew Hoy, and is scheduled to stand trial about March next year.

Justice Fogarty imposed Sew Hoy's reparation as a safety measure in case the settlement was not paid to the board.