Investment banker Matthew Paul Schofield will be sentenced in the High Court at Auckland this morning for setting fire to a colleague at the Merrill Lynch Christmas party.
Schofield, aged 27, has pleaded guilty to the manslaughter of 24-year-old Gareth MacFadyen, who died from "unsurvivable" injuries after Schofield had set alight his grass skirt at the broking firm's end-of-year function at the plush Quay West Towers in Albert St on December 15.
Schofield has also admitted injuring 29-year-old Angela Offwood, who was badly burned in the incident.
The couple were in a cubicle in the men's toilets when Schofield set fire to Mr MacFadyen's skirt by reaching underneath the cubicle door.
The Crown Solicitor for Auckland, Simon Moore, appearing with Simon Mount, told Justice Rodney Hansen at a three-day hearing this month that incidents involving Schofield's lighter earlier in the evening had been aggravating features.
The Crown had been unable to agree with defence counsel Stuart Grieve, QC, on the facts relating to two incidents.
After hearing evidence from a number of people at the party, Justice Hansen has found that Schofield held the cigarette lighter under the brim of a hat worn by partygoer Antony Connolly.
He twice applied a flame to it briefly, but it did not ignite.
Two witnesses expressed concern, one of them telling Schofield it was a "stupid thing to do."
The hat was removed from Mr Connolly's head, and while Mr Connolly held it, Schofield twice more applied a flame to the brim, scorching the material, without objection from Mr Connolly.
The judge said in his written decision that the group had earlier joked about the symbolic burning of hats such as Mr Connolly's, which had a Merrill Lynch hatband.
The company had earlier announced the closure of its New Zealand operations and the redundancy of staff members.
"It seems likely that the actions of Mr Schofield at this point were in the context of, or associated with, those remarks," Justice Hansen said.
Schofield had also set alight Mr MacFadyen's skirt earlier in the evening, causing a Quay West staff-member to remonstrate with the group.
Justice Hansen said the incident was over in a matter of seconds.
If there were flames, they were of inconsequential size and the fire was probably extinguished by Mr MacFadyen patting it with his hands, said the judge.
"None of those directly involved, including Mr MacFadyen, was upset or alarmed by the incident," he said.
"The group treated it as a prank."
Justice Hansen also heard that moments after the fatal incident, Schofield announced with a "celebratory" gesture: "I've lit his skirt."
"The words were spoken in an atmosphere of some hilarity and speculation among the group of 10 to 15 people as to what was going on in the toilet," said the judge.
Mr Moore had told the court that despite speculation by male partygoers, the couple were fully clothed throughout.
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