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Home / New Zealand

Four-letter word costs taxpayer $2m

David Fisher
By David Fisher
Senior writer·Herald on Sunday·
1 Oct, 2011 04:30 PM2 mins to read

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John Colman has described the case against him as 'a modern-day witch hunt'. Photo / Malcolm Pullman

John Colman has described the case against him as 'a modern-day witch hunt'. Photo / Malcolm Pullman

Former diplomat three years into legal stoush over alleged obscenity.

A retired diplomat has spent three years fighting in court over a four-letter word in a case estimated to have cost the taxpayer $2 million.

John Colman, 62, has had 21 court hearings, including an appeal to the Supreme Court, after being accused of calling local church members "c****".

The clash on his Whangarei property on December 17, 2007, led to police charges of disorderly conduct and using offensive language.

Colman, who was standing on his property at the time he allegedly swore, has repeatedly challenged the charges and refused to accept a discharge without conviction.

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In court papers, Colman is recorded as describing the case as "a modern-day witch hunt" after "a gang of religious nutters had laid seige to my property for more than half an hour".

He is now suing the Government for bringing the case in the first place - and for errors made since it began.

Colman was initially found not guilty of the disorderly conduct charge but guilty of using offensive language - a charge he said he didn't know about until the judge declared him guilty of it. The mistake by police and the courts allowed Colman to apply to the court to have the conviction quashed.

He was successful - and then again found guilty and fined $250.

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Again Colman appealed, representing himself throughout the case. This time the court reduced its finding to a discharge without conviction.

Colman said he had been told by lawyers the case would have cost taxpayers $2 million in court time, legal fees and other judicial costs.

One judge described Colman as "obsessed". "Absolutely," said Colman. "I'm proud of the fact I've become obsessed with it. I'm proud of the fact I've not put up with this terrible travesty of justice."

The church member who went on to Colman's property said he wanted nothing to do with the case.

Crown solicitor Michael Smith also said he could not comment because he was still part of legal action being taken by Colman.

Justice Minister Simon Power said the system allowed people to dispute charges and appeal where they had been convicted, "but this takes time".

"I'm advised that Mr Colman has exercised those rights, which have resulted in an acquittal on one charge and a discharge without conviction on the other."

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