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Home / New Zealand

AC/DC drummer Phil Rudd's troubles overshadow even Bon Scott's death: lawyer

NZ Herald
21 Apr, 2015 11:34 PM4 mins to read

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Phil Rudd at Tauranga District Court. Photo / Christine Cornege

Phil Rudd at Tauranga District Court. Photo / Christine Cornege

The "unprecedented publicity" surrounding AC/DC drummer Phil Rudd's arrest and charges drew more attention to the band than even the death of its former lead singer Bon Scott, a lawyer for the embattled rocker has claimed.

Rudd's lawyer, Craig Tuck, has criticised the way police handled the case against Tauranga's 60-year-old resident rock star and described their actions as over the top.

Speaking to the Bay of Plenty Times after Rudd admitted charges of threatening to kill and possession of methamphetamine and cannabis in Tauranga District Court yesterday, Mr Tuck said publicity about Rudd's arrest and being charged with attempting to procure a murder, a charge that was later withdrawn, had been immense.

"Research showed the publicity from Rudd's arrest and the charges he faced had sparked unprecedented publicity in the band's history.

"Even more so than the death of a band member."

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Bon Scott served as lead singer and lyricist for AC/DC through some of its hallmark years from 1974, before he was found dead on February 19, 1980 following a night of heavy drinking at a London club.

AC/DC has brought in drummer Chris Slade to replace Rudd, but as the band kicks off its Rock or Bust world tour, coming to New Zealand at the end of the year, Rudd has said he wants the job back.

Rudd is seeking a discharge without conviction despite admitting he threatened to kill a former contractor after telling an associate he wanted the victim "taken out".

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Judge Robert Wolff did not enter convictions as Mr Tuck said he intended to seek a discharge without conviction when his client was sentenced on June 26.

Another threatening to kill charge was dropped by police.

Mr Tuck said it was only right in a "fair and justice society" that Rudd escaped conviction after suffering immense damage to his reputation and career.

"Phil has taken a mature and responsible approach by pleading guilty to the remaining charges and it is now hoped by doing so, this puts this whole matter into perspective.

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"The threat to kill was an angry outburst which Phil regrets and he hopes to engage in a restorative justice conference with the victim so they can both get closure and start the healing process."

Outside court, Mr Tuck said he was working with a team of lawyers in the entertainment industry to ascertain the true extent of damage that resulted from the police handling of the case and to explore what legal avenues may be open to Rudd.

"We are certainly not minimising this offending, but want to put this matter into context including the actions of police."

Mr Tuck said Rudd was not asking for special treatment but would be seeking a fair and just outcome for someone whose reputation and professional career had been damaged.

It will not be the first time the high-profile Tauranga resident has attempted to avoid conviction.

In 2007, he escaped a conviction after pleading guilty to common assault following an incident on his luxury launch, on the grounds it would hurt his career.

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Five years later, he succeeded in avoiding a cannabis conviction, which he argued would have stopped him from continuing to tour with AC/DC.

But legal experts said it would be difficult for Rudd to challenge conviction given the charges he now faces.

The charge of threatening to kill carries a maximum penalty of seven years' jail, while possession of methamphetamine carries a maximum penalty of six months' imprisonment and/or a $1000 fine, and possession of cannabis carries three months' imprisonment and/or a $500 fine.

Associate Professor Scott Optican, of the University of Auckland's Faculty of Law, said applications for discharge without conviction typically accepted the crimes alleged but argued the consequences of conviction would be disproportionate.

"I think anybody has an uphill battle trying to get a discharge without conviction just in general, and obviously the seriousness of the charges would clearly factor into it."

Professor Geoff Hall, a sentencing expert at Otago University, also said arguing for a discharge without conviction would be "a difficult task".

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The Crown will oppose the application.

Western Bay area commander Inspector Clifford Paxton said police would not be commenting while this matter was before the court.

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