Duff's charges dismissed: Arguments 'unpersuasive'

Acclaimed author Alan Duff still supports the police - despite being dragged through the legal system on charges that were eventually dismissed.

The former Rotorua man, author of the highly acclaimed Once Were Warriors and founder of the New Zealand-wide literacy scheme Duffy Books in Homes, appeared in the Taupo District Court yesterday where he was found not guilty of failing to remain at a scene after being stopped by police and failing to stop for police.

The decision follows a defended hearing, held over three days in March and this week when two charges of resisting police were withdrawn.

Outside court yesterday Duff said he wanted to make it clear he supported the police and the job they did in an increasingly complex society. He said most police did a fantastic job and shouldn't be slammed because of the actions of a few.

The 57-year-old, who now lives in Havelock North, said he was simply pleased the ordeal was over. He was charged after an incident on Broadlands Rd, about 20km north of Taupo, on September 13 last year when he was stopped for speeding but allegedly drove off after producing his licence and address.

In closing submissions earlier this week Duff's lawyer, Antony Shaw, said Duff gave the police officer who stopped him, Constable Patricia Foden, his driver's licence and address before she went back to her patrol car to make further inquiries about him. Duff was not obliged to remain and Ms Foden could have sent Duff a speeding infringement notice, he said.

Taupo police prosecutor Sergeant Mark Robertson said further inquiries by Ms Foden when she returned to her car were necessary to validate Duff's licence. He asked Judge Chris McGuire to take "a pragmatic and practical approach"' to the situation Ms Foden faced.

In giving his decision, Judge McGuire said although Duff displayed more anger than may have been wise, he complied with the officer by producing his licence and providing his address.

In a written copy of his decision, the Judge said Ms Foden's request for him to wait while she made further inquiries went beyond the provisions of the Land Transport Act.

There could be a case for amending the law but that was a matter for public debate, the judge stated.

There could be very sound practical and pragmatic reasons to "give carte blanche" to inquiries such as those undertaken in Duff's case being made in all cases where drivers were stopped.

"But there are certainly arguments to the contrary that they are an unwarranted and further erosion of human rights," he stated.

Judge McGuire said he had felt uneasy about the two resisting charges, laid three months after the incident and eventually withdrawn.



He said evidence given at the hearing in support of those charges was unpersuasive, vague and contrasted with the rest of the police evidence.

Judge McGuire said despite written submissions from the police he was left uneasy over whether police prosecurial power was used wisely and fairly in this instance.

However he said that was no reflection on Mr Robertson, who had no part in the decision to prosecute made in this case.