A drink-driving sportswoman will have her case re-heard after a High Court justice found there was no evidence to support her discharge without conviction and permanent name suppression.
The Gisborne sportswoman has been ordered back before the District Court to be sentenced for a second time, after High Court Justice Christopher Allan ruled her legal team provided no evidence that a conviction would jeopardise her ability to compete overseas.
Justice Allan, in his judgement released today, said the claim by the woman's lawyers that there was a threat to her competing in the United Kingdom if she was convicted had not been backed up with any proof.
District Court Judge Graham Hubble sparked outrage in January when he discharged the sportswoman after she pleaded guilty to driving with a breath-alcohol level of 801 micrograms per litre of breath - double the legal limit of 400mcg.
Defence lawyer Marcia Insley argued her client had reached an "exceptional level" in her sport and been "offered a job" to compete in England. Ms Insley said "a conviction would ruin her chances to travel and enhance her sporting career".