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Shamed broadcaster Tony Veitch may face a community-based sentence and not a prison term if he is charged and convicted of assaulting his former partner, say lawyers.
The same day Veitch announced he had resigned from TVNZ and Radio Sport, police confirmed Kristin Dunne-Powell had lodged a formal complaint over an alleged 2006 assault by Veitch which left her with her back broken in four places.
Veitch was also reported to have paid her up to $170,000 in compensation and for stress - a sum which others called hush money. The couple had agreed to keep the incident quiet and say Ms Dunne-Powell was hurt in a fall on the stairs.
Police have yet to confirm if they will charge Veitch but lawyers said if he was a first offender he could escape a prison term and instead do a community-based service because of the money he is reported to have already paid out.
A community-based service could include community service, supervision and a direction to attend more counselling. He could also face a sentence of home detention.
One lawyer said Veitch had been the subject of intense publicity, had paid reparation or compensation, and had resigned his jobs. A conviction could also prevent him from travelling overseas.
"I would be surprised if he went to prison," the lawyer said.
Under the Sentencing Act 2002, a court is obliged to take into account several factors when sentencing, including remorse shown by the offender or any "offer, agreement, response or measure to make amends".
That included any financial offer from the offender to the victim. The act said it must also take into account the response from the victim's family, or any apology or offer to make good the harm.
Lawyers said that could be enough to keep Veitch out of jail if he was convicted.
Restorative justice was also an option if Veitch was charged and if both Veitch and Ms Dunne-Powell agreed.
Experts say restorative justice should promote the victim's healing and encourage the offender to take accountability and responsibility for the crime.
Last week Veitch admitted "lashing out" at Ms Dunne-Powell after a long argument at his home with his former partner.
He said it was something he would live with for the rest of his life.
A spokesperson for Ms Dunne-Powell said she had not breached the $100,000-plus confidentiality agreement, The Dominion Post reported today.
"All she's done is give the police a statement and co-operated with their investigation," the spokesman said.
"She hasn't breached any agreement."
The spokesman, from Star PR, suggested that if either party had breached the contract it was Veitch, who has spoken out twice since The Dominion Post revealed he broke her back in four places.
The paper said legal experts believe the pair's contract, established in late 2007 in exchange for silence on the 2006 assault at Veitch's home, was now almost worthless.
"The parties can do what they want, but it has no legal impact on the ability of police to investigate," Auckland University associate law professor Scott Optican said.
He said a confidentiality agreement would probably be unlikely to enforce silence on issues relating to a police investigation.
Veitch's resignation from TVNZ meant he had severed all links with the channel, said chief executive Rick Ellis earlier this week.
- NZPA
