Man breaches protection order the same day it was handed out

Daniel Diack launched a verbal tirade against the woman, bragging onnline about his sentence from the Dunedin District Court. Photo / ODT

A Dunedin man has narrowly avoided imprisonment after he “gave the finger” to the court by breaching a protection order on the same day it was delivered.

On March 21, Daniel Philip Diack, 31, was served with a protection order for family violence and on May 30, was in court for breaching it by psychologically abusing the victim.

Judge Kevin Phillips said the man was treated “extremely mercifully” as he was sentenced to a short stint of community detention and permitted to use the internet.

Diack used his freedom to launch a verbal tirade against the protected woman, bragging about his sentence online, the Dunedin District Court heard last week.

Diack made a Facebook post referring to the victim’s address, making hateful accusations towards the woman.

“You said she was a murderer, she was a killer, she is not getting any money from me ... You bragged about only getting community detention,” Judge Phillips said.

“It was contemptuous of the court, of me, of the whole system. That’s why he is going to jail.”

Counsel Cate Anderson argued her client had high prospects for rehabilitation and urged the judge to sentence him to a few weeks’ home detention.

“Is that so he can brag about having home detention?” the judge asked.

“He shouldn’t have bragged about the sentence,” Anderson said.

“The behaviour was just incomprehensible.”

Diack offered a letter of remorse to the judge, containing claims of “reflection and thinking extremely long and hard” about his actions.

Judge Phillips was unconvinced and said the man must have realised his actions were wrong, calling the contents of the last-minute apology letter an “aggravating matter”.

“The whole system, the protection order, the court order - he gave the finger to all of it.”

Diack was sentenced to six months’ home detention and attempted to dispute his sentence by talking over the judge in court.

“Stop talking now or you are going to prison,” Judge Phillips said.

“Your arrogance is unbelievable.”

Where to go for help or more information

• Women’s Refuge: Free national crisis line operates 24/7 - 0800 REFUGE or 0800 733 843

• Shine, free national helpline 9am- 11pm every day - 0508 744 633

• It’s Not Ok: Information line 0800 456 450 www.areyouok.org.nz

• Shakti: Providing specialist cultural services for African, Asian and Middle Eastern women and their children. Crisis line 24/7 0800 742 584

• Ministry of Justice: www.justice.govt.nz/family-justice/domestic-violence

• National Network of Stopping Violence: www.nnsvs.org.nz

• White Ribbon: Aiming to eliminate men’s violence towards women www.whiteribbon.org.nz

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