KEY POINTS:
Nine months ago Whitianga teenager Owen Walker faced the possibility of extradition by the FBI for cyber crime.
Yesterday he walked free from the High Court in Hamilton with the prospect of a career with the New Zealand police or an overseas computer company before him.
In an
extraordinary move backed by police, Justice Judith Potter discharged the 18-year-old without conviction on some of the most sophisticated cyber crime seen in New Zealand.
Walker's solemn, nervous expression gave way to a delighted smile as he heard the decision, while the small group of family and friends who accompanied him to court looked thrilled and relieved.
Outside the court, Walker and his supporters had little to say about the decision and his future, but his mother, Shell Moxham-Whyte said she hoped he would remain in New Zealand.
The decision follows months of international investigation and the first prosecution of its kind in New Zealand. Prosecutions in the United States and the Netherlands have also resulted.
In April Walker pleaded guilty to six charges including accessing a computer for dishonest purpose, damaging or interfering with a computer system, possessing software for committing crime, and accessing a computer system without authorisation. The crimes carry maximum sentences of up to seven years' imprisonment.
Crown prosecutor Ross Douch acknowledged in court that Walker had gained limited financial benefit from his activities and although he had the ability to use his botnet for fraudulent activity, he had not done so.
He raised the prospect of a discharge without conviction in court and disclosed that the police were interested in using his skills.
Walker's lawyer Tony Balme said a discharge would enable Walker to offer his very considerable talents to law enforcement agencies.
"If he has a clean record, he would be able to engage in that activity on the right side of the law - a poacher turned gamekeeper scenario."
Through family encouragement, Walker had made considerable gains in terms of socialisation and maturity in recent months, he said. A psychologist confirmed that he suffered from mild Aspergers Syndrome, a form of autism, but some of those symptoms had recently disappeared.
Justice Potter referred to an affidavit received from Walker yesterday in which he said he had received approaches about employment from large overseas companies and interest from the New Zealand police.
Walker's offending was serious but fortunately stopped before it went too far, she said. He was not motivated by criminal intent or maliciousness but by his intense interest in computers and his ability to achieve amazing things. He had an outstanding future and a conviction would stand in his way.
Ordering him to pay his share of the damage to Pennsylvania University's computer system of $9526, relinquish computer-related assets to the police and pay costs of $5000 at a minimum of $400 a month, she discharged him and wished him well.
Later Waikato crime services manager Detective Inspector Peter Devoy welcomed the sentence as a positive outcome and was unconcerned about the possible lack of deterrent. He declined to elaborate on any plans to employ Walker. It was a matter of potential interest rather than actual interest, he said.
National manager of the police's e-crime laboratory Maarten Kleinjtes said Walker had some unique ability and was at the top of his field.
"He has potential to do well on the right side of the law."
