Judge quashes conviction
PA Tauranga The conviction of an Auckland salvage operator, the first under the Historic Places Act, has been quashed by the High Court. Kenneth Walter Durey, aged 35, was convicted in the District Court at Tauranga in July last year of wilfully modifying an nrrhnAnlncriml site. th ft 103-
year-old wreck of the SS Taupo, off Waihi Beach in ; the Bay of Plenty. In the District Court, 1 Judge Wilson ordered Durey ; to pay $2500 witnesses’ ex- I penses, $2O costs and $l2OO ] solicitors’ fees. It was considered a test 1 case of the legislation I covering historic sites which ' came into effect shortly be- ] fore the alleged offence. i
However, in a judgment issued by Mr Justice Barker, after an appeal to the High Court at Rotorua and Auckland, it was ruled the prosecution failed to prove guilty intent. Judge Barker said that if he had decided the conviction should be sustained he would have reduced the penalty imposed. He made no order for costs.
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Press, 2 November 1984, Page 22
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169Judge quashes conviction Press, 2 November 1984, Page 22
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