May 16, 2008

Stay issued in unusual private prosecution

A stay of proceedings has been issued in an unusual private prosecution brought by a Christchurch theft victim.

Businessman David Young, who brought the action against the person who stole his laptop computer, now faces a likely action for court costs.

Defence lawyer Paul Johnson signalled the costs claim after the stay was announced by Christchurch District Court David Saunders at a brief session today to deliver his reserved decision in the matter.

Mr Johnson had been assigned by the Legal Service Agency under Legal Aid to defend Joshua Neil Porter who had already served a one-year jail term after admitting the crime.

Mr Young still wanted his computer back for the valuable business documents it contained and invoked a rare provision of the Crimes Act to try to get it.

He charged Mr Porter with denying access to a computer system, a charge usually meant to refer to attacks by computer hackers or viruses.

Another person was charged with receiving the stolen laptop but it has not been recovered.

Judge Saunders discharged Mr Porter on the charge brought against him by Mr Young.