Editorial: Same law has to apply to all

Phil Rudd's son Jack Witschke and his lawyer Craig Tuck.

Is there one law for the privileged - and one for the rest of us?

This is a fair and reasonable question following the case of AC/DC drummer Phil Rudd's son, Jack Witschke, who appeared in court this week on assault charges.

This case was always going to attract media attention given who Witschke is, and that he admitted punching two men in the face during a drunken night on the town in Tauranga.

But what propelled this case further into the spotlight is his bid to be let off the charges.

Witschke, in his application for a discharge without conviction, maintains any conviction would hinder his ability to undertake a skydiving and basejumpimg career and leisure pursuits overseas. He also wants to accompany his father on overseas trips from time to time. A third reason given is the effect it might have on his training as a personal trainer.

Police quite rightly fought this move, saying Witschke gives the impression in an affidavit he is using his father's famous name to get off. They are also sceptical about his enrolment in an Australian personal training institute - which happened after his first court appearance.

Police believe the court needs to be careful that letting people off a conviction is not seen as special treatment for the privileged.

But this is exactly what this case looks like to me. After reading the article we published yesterday, I am left with the opinion that Witschke got off because of who he is.

The judge in this case believes a conviction would narrowly outweigh the scale of the offending.

But discharges without conviction should only be given in the rarest, most extreme, of circumstances.

Sure, who the person is and what their job is should be factors but the threshold should be extremely high.

Witschke's arguments fall well short compared with, for example, someone who is a doctor with plans to fly to Africa to help save lives.

The gravity of the crime is also an important factor and assault is a serious matter.

Police should appeal this decision.