'Keyed' car owner: Judge's defence team too good

Michael Lance leaves court yesterday after the charge was dismissed. Photo / Greg Bowker

A man whose car was vandalised with a key says he's not surprised a former district court judge walked free of the charge yesterday.

A "very relieved" Michael Lance, 73, had a criminal charge of intentionally damaging the vehicle dismissed by a fellow judge - and he now plans to fight to recover his costs.

Mr Lance's lawyer, John Haigh, QC, criticised the police investigation of his client, but car owner Richard Cummins gave officers "full marks".

Mr Cummins' black 2006 Volkswagen Golf had $4000 worth of damage done to it in the Browns Bay attack a year ago. It was blocking an entrance way to Mr Lance's apartment building.

"It's not surprising [the charge was dismissed] given that he had a well-prepared defence machine working for him," Mr Cummins told the Herald.

Detective Inspector Bruce Scott said no further inquiries would be made. "Unfortunately, there's a lot more serious crime that needs investigation at this stage," he said.

Yesterday, in the North Shore District Court, Judge Kevin Phillips dismissed the charge against Mr Lance as the former judge sat in the back row of the court he used to preside over.

Court security staff congratulated him after the verdict.

Judge Phillips - who was brought up from Invercargill for the hearing because he did not know Mr Lance - said evidence given by a couple who said they saw the key-scratching from a nearby restaurant was conflicting.

"It was not the type of evidence that I could find Mr Lance guilty of this charge on," he said.

David and Anna Burn were having lunch near Mr Lance's $1 million apartment and told police they saw him key the car. But Judge Phillips found Mr Burn would not have had a clear view.

Mr Lance thanked his lawyer after the verdict. "I feel very relieved."

Last night, Mr Haigh told the Herald he was frustrated by court delays. He said he planned to apply to recover costs for Mr Lance and told the court he had "issues" with the police investigation. "In my view ... he shouldn't have been charged."