New trial ordered for Sturm

The Court of Appeal has quashed the convictions of Auckland restaurateur Philip David Sturm and ordered a new trial.

Sturm was found guilty in November 2003 of sexually violating four men.

The Crown said Sturm had given the men drugs and then engaged in the sexual acts without their consent.

Sturm admitted supplying Ecstasy and methamphetamine but said the sexual activity was consensual.

Trial judge Justice Robert Chambers directed the jury to acquit Sturm of the stupefying charges, saying none of the complainants was ever in a state of stupor as he defined the term.

The jury found Sturm guilty on eight charges of sexual violation, one charge of attempted sexual violation and one of indecent assault.

He has served 18 months of a nine-year prison sentence.

In a decision released yesterday, the Court of Appeal said Sturm should be tried again on the sexual and stupefying charges.

The court found the judge had misdirected the jury on how they should deal with similarities in evidence from the four complainants.

It said the term "stupefy" meant to cause an effect on the mind or nervous system of a person which seriously interfered with that person's ability to act in any way that might hinder an intended crime.

Sturm's lawyer, Paul Davison, QC, is overseas and could not comment.