David Dougherty arrested just before sentencing

David Dougherty. Photo / Brett Phibbs

David Dougherty was arrested today hours before he was to be sentenced on theft and burglary charges.

Dougherty, 44, wrongly jailed over the rape and abduction of an 11-year-old schoolgirl in the early 1990s, was to have appeared at Palmerston North District Court today for stealing beer and DVDs from a house he broke into, a wallet and about $400 from a car, and two bottles of alcohol from a Palmerston North bar. However, his lawyer, Simon Hewson, this afternoon told the court his client was "not in a position to be brought to court".

When Judge Les Atkins asked if it was because he had been arrested, Mr Hewson replied: "I assume so."

The court registrar confirmed Dougherty had been arrested and was in police custody.

Details of the arrest were not available but it is understood it happened earlier today.

Judge Atkins said Dougherty would be remanded in custody until a new appearance date early next month.

In 1993, Dougherty was sentenced to seven years and nine months' jail for rape and abduction, but his conviction was quashed in 1996 after new DNA evidence cleared him.

He received a government apology and $868,728.80 compensation in 2001 for the 3-1/2 years he served in prison.

- NZPA