Davy to appeal 'manifestly excessive' jail term

8.00am

The sacked head of the Maori Television Service, John Davy, could be out of jail today as his lawyer appeals the eight-month jail sentence he received yesterday.

Davy, 51, spent the night in Mt Eden remand prison in central Auckland after Judge Phil Moran jailed him for eight months for lying on the resume he supplied when applying for the TV job.

Davy's lawyer, Kahu Barron-Afeaki, said he would visit Davy in prison to discuss his appeal and hoped to lodge appeal documents today.

That would include an application for bail, which would be heard by the sentencing judge.

At the sentencing yesterday, Judge Moran said Davy was a "conman" who indulged in a web of deceit to obtain a job he was not qualified to do.

He said the enormity of Davy's deceit showed there was a clear need to send a message to other people who might be tempted to apply for senior appointments with false credentials.

Mr Barron-Afeaki said today his client had instructed him to appeal the jail term.

The appeal would be based on the argument that the sentence was "manifestly excessive and wrong in principle", he told National Radio.

"He was a first offender, dealt with on that basis; no reparation of a criminal basis was sought; there was a very early guilty plea; there was a lot of suffering as it was and there is no precedent on points in a particular matter like this."

Mr Barron-Afeaki said that while the judge's comments on Davy's actions were correct, the actual sentence was excessive and he would have expected a suspended prison sentence instead.

" ...you must remember (Davy) did good work.

"This is the twist to this, he actually performed well, and I guess the question to society really is, is what Mr Davy did truly deserving of an eight-month jail sentence?"

Mr Barron-Afeaki said he could not find a similar case in any western common law country in which a criminal charge had been laid for lying about a CV.

"Now either our peers of other western countries are wrong and we're setting a new... premise. Or perhaps they're right and maybe we're just being a bit barbaric."

However, Auckland University criminal law expert Ken Palmer said earlier it was unlikely Davy's conviction was the first of its kind.

Dr Palmer said he was not surprised by the sentence and said it was "entirely appropriate" given Davy had misrepresented himself to gain a senior public position, and the entitlements that went with the job.

Unless the appeal is successful, the 51-year-old Canadian's actual jail time is likely to be four months and he will then be deported.

Judge Moran said Davy was not eligible for home detention as he was homeless.

Immediately after sentencing, Te Puni Kokiri (TPK), the Ministry of Maori Development, said it would seek to recover $82,000 paid out in salary, advances and expenses such as airfares, accommodation and relocation costs.

TPK doubted Davy would be able to pay back the money but was still seeking to recover the full cost of his employment.

The court was yesterday told Davy would give the proceeds from the sale of his Jaguar car to Te Puni Kokiri. He had also directed tax refunds and any benefits and outstanding salary to the ministry.

TPK will this week report to the Government on options for recovering the money.

Millennium People recruit agency, who recommended Davy's appointment to MTS, said last night it was pleased at the sentence.

"His imprisonment and the comments by the judge confirm our belief that Mr Davy is a sophisticated international conman who has woven a web of deceit."

Police prosecutor Christine Scott said Davy's false CV had been carefully determined and thought out in advance.

"It did not amount simply to embellishment, as (Davy) stated to the probation officer. (It was) almost a complete fabrication.

"He displayed either incredible arrogance or perhaps a naivety that his credentials would not be checked," she said in court.

- NZPA

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