Possum carcass in water tank

Darren Tobin (centre) outside court with his partner (right) and lawyer Guyon Foley. Photo / Janna Dixon

For three days a rotting possum carcass sat in Kevin and Janis Bell's water tank.

Living in semi-rural Dairy Flat, 30km north of Auckland, they relied on the tank for their entire water supply - and continued to drink from it until noticing an overpowering smell.

"We noticed the smell and I realised the tank's lid wasn't on properly," says Janis.

To her horror she discovered the "maggot-ridden" remains and called in police.

What had begun as a minor dispute with their neighbour of six years, Darren John Tobin, had turned into a criminal investigation.

Tobin was arrested and charged with contaminating their water supply after the October 2008 incident.

After several hearings, he pleaded guilty to a lesser charge of intentional damage in the Auckland District Court this week.

He was ordered to pay reparation of $3725 and a further $3000 emotional harm to the couple, and placed on a nine-month good behaviour bond.

Defence lawyer Guyon Foley told the court: "After getting on well with this neighbour things turned sour ... bad blood went further.

"There was a history of dispute between the accused and the complainant as neighbours. This offending does appear to be aberant behaviour."

Josh Shaw, prosecuting, told the court the case was of a "very disturbing nature which carries a high risk of serious personal harm".

He said: "A water supply has been contaminated. They are the natural consequences of criminal behaviour and they are not out of proportion with the nature of the offence."

Judge Josephine Bouchier said: "I wouldn't call it a prank; leaving a dead possum in the water supply is not a prank.

"I have sat in a fair few courts around the North Island and I have never come across this."

Tobin, a sales director for wine label manufacturer Rapid Labels, is believed to be one of the first people to be charged with contaminating the water supply. The law was introduced in 2003.

He had 10 previous convictions, including three for drink-driving.

The lid on the water tank is now locked and the couple are far more wary about security - they requested no details were published on their exact whereabouts.

Speaking after the court hearing, Janis, a legal executive, said she was keen to put the experience behind them.

"I was the one who drank the water and I was the one who discovered it," she said.

"I live with that. You can't let this sort of thing ruin your life."

bevan.hurley@hos.co.nz