A Christchurch second-hand book dealer has been cleared of all 301 charges of receiving stolen property, laid as part of the police's Operation Pukapuka investigation into a theft ring targeting rare and valuable books at libraries, universities, and museums.
John Arnold Palmer, 77, who runs Arnold's Books in New RegentStreet, is in deteriorating health. He wanted to sell his business but the court action had prevented that.
A reserved judgment by Christchurch District Court Judge Michael Crosbie stayed the prosecution and discharged Mr Palmer.
The decision was given last month but suppressed because of a pending trial for another man accused of receiving. Tyler Scott Simpson, 44, has since pleaded guilty and the suppression order has been lifted.
Judge Crosbie was critical of delays by the Crown in bringing the case.
Police searched Mr Palmer's shop and home two years ago.
"I find the delay is substantial and unacceptable for a relatively straightforward case," said the judge.
He noted that defence counsel Richard Raymond had persistently sought to hurry the case along but the Crown had failed to comply with the court's timetabling and directions.
Judge Crosbie said that the Crown case that Mr Palmer had received books over nine years from a man since convicted of stealing them, was largely circumstantial.
He said the case had become bogged down by the sheer number of charges and by problems relating to proof about specific books, and noted that the Crown would not have sought a jail sentence if Mr Palmer had been convicted.
Mr Raymond had told the court that legitimate books were released from libraries, passed on, and sold. He said there was no evidence that the accused knew the books were stolen or dishonestly obtained.
"In the context of evidence from depositions, this is a strong submission," said the judge.
"I am satisfied that it will not be possible by reason of delay and the consequences of that delay on the accused's age and health to give the accused a fair trial and that it offends the court's sense of justice and propriety to be asked to try the accused in the particular circumstances of this case," he said.
* Three men have been jailed after Operation Pukapuka prosecutions and a fourth man is expected to be sentenced next month.
