Judge blames drug dealer

A former district court judge cleared this week of vandalising a car with a key says a drug dealer was responsible for the damage.

A black Volkswagen Golf blocking the entrance to an apartment building in Browns Bay on the North Shore was deliberately scratched and suffered $4000 of damage in March 2008.

Michael Lance, 73, was blamed for the damage, but this week had a charge of wilful damage dismissed in a defended hearing in the North Shore District Court.

When Mr Lance - a former Police Complaints Authority deputy head - gave evidence he denied vandalising the car, suggesting it could have been a drug dealer known to live nearby.

Also giving evidence in court, a neighbour of Mr Lance, Martin Treadwell, said the scratched Volkswagen had blocked a man in a silver BMW in the driveway.

Mr Treadwell told police he thought the man had connections to the drug world and supplied them with a name and address. This was not followed up.

An employee from a nearby restaurant was also aware of the drug dealer.

Judge Kevin Phillips dismissed the charges against Mr Lance on Thursday, saying in his judgment that evidence given by witnesses David and Anna Burn - in which it was claimed the pair had seen Mr Lance scratch the car - "was not the type of evidence that I could find Mr Lance guilty of this charge on".

Following the judgment, Mr Lance's lawyer, John Haigh, QC, criticised the police investigation, particularly the detectives he said failed to follow up leads.

"I think there was cause raised by our material, which would have justified a further investigation and resulted in a different approach to the prosecution, namely whether there should have been a prosecution at all."

The Weekend Herald asked inquiry head Detective Inspector Bruce Scott, police national HQ and Wellington Crown Solicitor Grant Burston - who vetted the prosecution case - whether the police were ever advised not to lay charges against Mr Lance.

They declined to comment, citing legal privilege.

Police spokesman Grant Ogilvie did not deny that police had ignored legal advice.

"As is standard, police carry out an investigation, consider the evidence available, and take advice if necessary. A decision is then made about whether to proceed with prosecution. Police are unable to comment on this process in relation to specific cases."

Yesterday, Mr Burn was standing by the evidence he had given in court.

"I know what I saw, I wasn't mistaken in what I saw otherwise I wouldn't have said it."