Police had claimed Leo Molloy had assaulted a police officer, and obstructed a female officer during a routine visit of his Viaduct pub.
Auckland restaurateur Leo Molloy has walked from court a free man after police withdrew a charge of assaulting an officer if he agreed to pay a $500 donation to the constable shot by fugitive Tom Phillips.
But Molloy - a one-time Super City mayoral candidate - has lashed out at police for unfairly targeting him and says he was assaulted by the officer that night, not the other way around.
The controversial businessman has released CCTV footage of the incident and is now considering further legal action, including a complaint to the Independent Police Conduct Authority.
“There’s a hardcore group of half a dozen police who cannot accept that I have a right to live my life and dress how I want and be the figure that I am,” Molloy told the Herald.
“They just seem to want to make my life a misery.”
Molloy was charged after an incident in July 2023 at his Viaduct Basin HQ bar.
Police claimed the 1.65m ex-jockey assaulted a 1.95m team policing cop, and obstructed a female officer during a routine hotel visit.
Molloy was initially granted interim suppression but outed himself in February last year. He denied both charges and the matter was headed towards trial.
However, in a dramatic turn of events yesterday at the Auckland District Court, a judge told police the case was an “extreme waste of court time” and said if the parties could not find a resolution, he would.
“It would seem to me there is a police charitable trust supporting a constable in Waikato with gunshot injuries to the face and shoulder,” Judge Nevin Dawson said.
He suggested the matter “could be disposed of” if Molloy agreed to make a donation to that charity in return for the charges being withdrawn.
Molloy’s lawyer, Quentin Duff, told the judge he had made exhaustive attempts to find a resolution but police had refused to compromise.
“A senior prosecutor didn’t want to engage in any discussions whatsoever,” Duff said.
“He said, ‘What is there to discuss? This is going to go to trial and that’s that’.”
Judge Dawson said the case seemed to be resolvable “if cooler heads on both sides came to play”.
Duff replied: “There have certainly been cooler heads on one side to get this to die a death, but that has been stopped at the pass.”
The judge then took an adjournment for the parties to thrash out a deal.
When they returned, Duff told the court Molloy was prepared to make a $500 donation to the injured Waikato officer if the amount was acceptable to the court.
Crown prosecutor Brett Tantrum said police were prepared to withdraw the charges because “Mr Molloy is going to make a generous donation to an officer”.
However, Tantrum said he was not prepared to offer no evidence – as requested by the defence – “because there is evidence”.
Duff was concerned this could leave the door open for police to relay the charges at a later date.
However, Tantrum sought to ease those concerns, saying: “They could be, but they wouldn’t be.”
Tantrum understood Molloy had a certain “suspicion about police conduct”. But he assured the court the charges would be permanently withdrawn.
Duff said that throughout the two-year process, Molloy had “tried to adopt a reasonable approach” and find a “pragmatic solution”.
However, he was reluctant to take police at their word due to a lack of goodwill.
After a whispered discussion with Molloy in the public gallery, Duff said his client would accept the police deal and “go on his merry way”.
Judge Dawson dismissed the charges, telling Molloy, “That’s the end of the matter. You’re free to go”.
Outside court, Molloy told the Herald he had been unfairly singled out by police because a small group of them didn’t like the way he dressed, acted or his comments on social media.
He was glad the charges had been dismissed but frustrated it had taken two years and tens of thousands of dollars in legal fees.
“I think the police and various agencies have been exposed for what they are.
“My primary concern is to make sure the [HQ] business continues to run smoothly, free from interference from agencies like the police.”
Molloy said on the night in question, his bar had “suddenly filled with police” about 10.30pm.
“I said to them, ‘Mate, what the f*** are you doing?’ I said, ‘Whatever you’re f***ing doing, just do it then f*** off’. I don’t think he liked the way I spoke to him.”
Molloy claimed the officer then “shoved me with both hands on the chest”.
“I didn’t touch him at all.”
Molloy revealed he had earlier offered to send the shot Waikato officer and his family on an overseas holiday, but said the offer wasn’t linked to his court case.
“The Police Association was taking care of the family unit, and they didn’t think they needed my support at this time.”
Molloy believed he was only charged because police wanted to oppose his liquor licence renewal.
Asked for a response yesterday, police said they were aware of Molloy’s comments and would respond in due course.
Lane Nichols is Auckland desk editor for the New Zealand Herald with more than 20 years’ experience in the industry.
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