A charge against peace activist Bruce William Hubbard of sending an offensive email to the United States embassy in Wellington was dismissed in the North Shore District Court yesterday.
Hubbard, 38, a sociology and political studies student of Epsom, appeared for what was expected to be a defended hearing of the
charge dating to October last year.
Instead the court heard Sergeant Mike Hayden tell Judge Mark Perkins the police wished to withdraw the charge.
He said the prosecution had "unfortunately" been unable to reach the required standard of proof beyond reasonable doubt.
Dr Rodney Harrison, QC, for the defence, said Judge Perkins would not glean from the charge that Hubbard was accused of misuse of an email because the charge related to the telephone and was laid under the Telecommunications Act 2001.
The email was highly critical of US foreign policy, but a frontrunner for the US presidency had also criticised US foreign policy in Iraq.
The email was sent via the embassy's website, which invited emails. Dr Harrison said rather than take the email on the chin the embassy dressed up its complaint as an affront to the employee who received it.
"To say that Mr Hubbard is outraged by the way this matter has been [dealt with] would be a serious understatement," he said. "This prosecution has affected him academically, psychologically and financially."
Judge Perkins dismissed the case and allowed Dr Harrison to apply for costs.
Hubbard's parents, Peter and Raema Hubbard, said they were proud of their son who had protested against apartheid and on the nuclear issue.
"I am just damn glad he has come through it okay," said Mr Hubbard. "We need people to do things as well as think about them and as parents we are proud of him."
Hubbard, wearing a T-shirt declaring America "napalms babies" under his coat, said the case had affected his studies. His grades had dropped, he had lost sleep, he had taken medication for stress, a relationship had broken up and he had lost his accommodation.
