Judge tosses out Elder charges

Millie Elder and her boyfriend Connor Roberts leave Auckland District Court today. Photo / Richard Robinson

Millie Elder left court elated yesterday after a judge threw out three drugs charges against her.

Elder, daughter of broadcaster Paul Holmes and his former wife Dr Hine Elder, appeared in the Auckland District Court accused of possessing methamphetamine, a P pipe and cannabis.

Judge Philippa Cunningham dismissed the charges at the defended hearing after ruling police had failed to prove a search of Elder's car was lawful. Officers searched her Mercedes-Benz after seeing alcohol in it in a liquor ban zone and found drugs and a pipe.

But yesterday, police failed to produce a copy of the relevant Auckland Council bylaw when giving evidence.

Constable Julian Donaldson told the court he was waiting in a carpark while his colleagues did a licensed-premises check at the Albion Hotel about 1.15am on December 20, 2009.

He saw Elder drive into the carpark and noticed a passenger was drinking "yellow liquid or a vodka cruiser".

Mr Donaldson said Elder and her friends got out of the car and locked it - leaving the alcohol inside.

He arrested Elder's friend and believed he was acting under the bylaw banning liquor in certain streets.

He asked Elder and her friends to unlock the car. "She responded by saying, 'You need a search warrant', and that she was going to call her lawyer."

He said Elder walked around her car and "bolted".

Constable Chong Yun Yang said he "managed to grab her by the waist and she struggled briefly". He gave Elder's keys to Mr Donaldson.

A search of the car revealed a P pipe and what turned out to be crystallised methamphetamine and cannabis. Elder told police everything was hers.

Her lawyer, Kim Holden, said the private carpark was not a public area.

Judge Cunningham found Elder guilty of obstructing police. But since she was on the phone to her lawyer at the time, the judge said she would not impose a penalty for that.

She fined Elder $150 plus court costs for a separate cannabis conviction dating back to January last year.