The police officer accused alongside former All Black Sione Lauaki of damaging an Auckland taxi might avoid a criminal conviction if he is deemed eligible for diversion.
Constable Takao Cocker, 31, appeared in the Auckland District Court today on one charge of wilful damage.
He entered no plea and the matter was put off until later this month to allow police to consider whether he is suitable for diversion a scheme run by the force that allows some first- or small-time offenders to avoid a conviction in exchange for performing set tasks or paying a donation to charity.
If that is done to the police's satisfaction they withdraw the criminal charge.
It is alleged Cocker and Lauaki, 32, attacked a taxi at Greenwoods Corner, Epsom, about 3.30am on December 13.
Court documents show Lauaki allegedly damaged the vehicle's CCTV camera and Cocker damaged a wing mirror.
Police have said Cocker was stood down on full pay just hours after the alleged incident and remains on "restricted duties''.
Outside court today he referred APNZ to his lawyer Sumudu Thode for comment.
She said the possibility of diversion was a separate issue to any employment action or consequences Cocker could face.
She said police offer diversion and it was up to the person accused of the crime to accept or decline it.
"We haven't got an offer yet. The police file is still being reviewed by national headquarters. That's why there was an adjournment [which was] requested by the police.''
A police spokeswoman said an employment investigation into Cocker was "ongoing''.
"Any decision as to Constable Cocker's future employment is a decision for the Office of the Commissioner and, to a significant extent, is dependent on the outcome of the prosecution proceedings and it is not appropriate to speculate as to what that outcome will be.''
Lauaki has pleaded not guilty and will be back in court later this month.