A former construction business owner has had the warrant that was issued for his arrest withdrawn after a mix up.

Malcolm Andrew Herbert was called to appear at the Napier District Court on Wednesday, but Judge Bridget Mackintosh ordered a warrant for his arrest, requested by police, when he did not show.

Herbert's lawyer, Russell Fairbrother QC, yesterday told Hawke's Bay Today that he had given Herbert a different appearance date, and the no-show in court was through no fault of his own.

Mr Fairbrother said the warrant was withdrawn yesterday morning without an appearance and Herbert was remanded at large for a later appearance date.


He said he had contacted police and they agreed Herbert was not at fault.

It was unknown how the mix-up happened.

Herbert is charged with two counts of forging documents in June last year.

Mr Fairbrother said there had been an "ongoing discussion about settling the matter" which had been an issue for about five months.

He said it was not accepted by his client that there had been any dishonest behaviour on his part.