A colonel in the New Zealand Defence Force was yesterday reprimanded and fined $1500 for supplying a friend with tax free booze and cigarettes while he enjoyed diplomatic privileges in America.
Selwyn George Heaton, who has served 38 years in the NZDF, admitted two charges of doing anact likely to bring discredit to the service.
Colonel Heaton was posted as New Zealand military adviser in New York from late 2001 until July 2006.
He told his court martial that as a diplomat he was able to purchase many items either duty free or tax free.
In May 2007 a letter, on UN letterhead, was sent to the UN office of Foreign Missions alleging Colonel Heaton "has been selling tax free goods to Rick Schwartz".
Mr Schwartz was a man Colonel Heaton described as "like a brother" to him. The pair hosted parties together, entertaining UN and foreign officials although Mr Schwartz, a publishing house employee, had no professional link to the NZDF.
The NZDF uncovered two emails which showed Mr Schwartz placing orders for about 13 cases of liquor and wine (each containing 12 bottles) and two cases of cigarettes (each containing 10 cartons) through Colonel Heaton.
The order exceeded the generous limits placed on diplomats of six cases of wine, six of spirits and 40 cartons of cigarettes per month and Colonel Heaton trimmed it to fit before sending a fax to a diplomatic duty free shop.
The taxes saved totalled US$1181.70.
He told the court that as his time in New York came to an end the lease on his home had expired he and his family had been staying with the Schwartz's.
"I was aware (the alcohol) would not be used and it was always my intention to leave it there," he said.
He planned to leave it as a thankyou gift for Mr Schwartz's hospitality and said he had paid for it himself.
Defence lawyer Tom Gilbert said the colonel had already suffered greatly, having been removed from his new posting with the UN in New York.
The court martial board, with representatives from the joint forces, said he had been open and remorseful from the outset and limited his punishment to a reprimand and fine of $1500.
