Man seeks damages after conviction for possessing knife

The defendant refused to participate in the trial. Photo / File

A former South Auckland finance company owner convicted of possessing a knife asked a District Court judge for damages of $11.5 million while being sentenced for the crime.

Gavin Marsich, who owned the PayDay Loans money lending service, was found guilty at trial of possessing a knife in a public place, after he held a meat cleaver at his shoulder while telling a client she must repay her loan.

Judge Kevin Glubb said at sentencing in Auckland District Court today that Marsich refused to participate in the trial, and the jury found the allegations made against him were established.

Marsich told the judge he had repeatedly requested to have a Native Assessor in court alongside him.

He said he refused the jury's findings because the jury was not of his peers, and asked for the case to be transferred to a marae.

Judge Glubb rejected Marsich's claim that the New Zealand jurisdiction didn't apply to him, and dismissed his claim for $11.5 million in damages.

"This has been a regrettable set of circumstances," Judge Glubb said.

Marsich was convicted of the charge and ordered to pay $800 emotional harm to the victim and $130 court costs.

Outside court, Marsich told NZME News Service that he would be appealing the decision straight away.

"This has destroyed my life, I've lost seven businesses over this false allegation. My partner's career is over. We're on the dole now," he said.

"At the end of the day I don't consent to it."

He said the $11.5 million claim for damages was based on the notion he is a "Freeman of the Land" and the law did not apply to him. He said the damages were for defamation.

Marsich rejected the judge's decision that his home, where he operated PayDay Loans. was a public place. He said the meat cleaver was kept at his desk because he chopped meat at his desk, and he never threatened anyone with it.