Driveway feud: Marc Ellis fame 'reason for charges'

Briar Ross has been in a dispute with Marc Ellis over the Waiheke driveway for months. Photo / Dean Purcell, NZ Herald

The lawyer for a woman accused of damaging an ex-All Black's driveway said the man's fame was the only reason police had got involved.

Jazz singer Briar Susanne Ross, 66, has been in a dispute with Marc Ellis over the Waiheke driveway for months and was charged with causing intentional damage over the May incident.

She appeared in Auckland District Court today where her lawyer Alex Witten-Hannah said it was completely "inappropriate" for police to be prosecuting the matter.

"Somewhat unusually, police are litigating a civil dispute on behalf of a prominent businessman and sportsman," he said.

Briar Ross stands with the disputed driveway on her property on Waiheke Island. Photo / Jason Oxenham, NZ Herald

When asked outside court whether he thought it was because of Ellis' fame, he was emphatic.

"Of course it is."

It is alleged Ross dumped rocks on the ex-rugby star's land but Mr Witten-Hannah said there was more to it than that.

He told the court Ellis had been building a rock wall on a driveway, part of which was privately-owned common land and part of which was owned by the complainant.

Judge Nevin Dawson said it appeared there was council consent for the building work, but the defence lawyer said that might be disputed.

The court also heard how the alleged area of damage to the land was about 1 sq m in size.

Mr Witten-Hannah said Ellis was not seeking compensation and told the judge he had been reported by media as finding the fiasco "amusing".

"He's not the one in the dock. Ms Ross doesn't find it amusing at all," he said.

Ross' lawyer also advanced another potential defence for his client.

"Even if the damage was caused to his driveway she believed what she was doing was correct," he said.

But the judge was unimpressed.

"Good luck with that one, Mr Witten-Hannah," he said.

Judge Dawson set down another hearing for the matter in October and hoped it would aid in resolving things.

"It's not in anyone's interest or benefit to blow the matters out of proportion," he said.