Property tycoon on drug charge offers $10,000 to clinic

David Henderson is feeling the pain of public scrutiny, says his lawyer. Picture / Greg Bowker

Multimillionaire property developer David Henderson has offered to donate $10,000 to a drug rehabilitation clinic after pleading guilty to trying to buy cocaine.

The 51-year-old Auckland businessman is hoping to avoid a drug conviction that would affect his ability to travel overseas.

His lawyer said the donation was not offered in exchange for a lenient sentence.

Henderson last week pleaded guilty to one charge of attempting to procure a Class A drug - which he admitted was cocaine - after being caught up in a drug bust in which two high-profile celebrities have also been implicated. They have not been charged and have name suppression.

The procuring charge carries a maximum sentence of three months' prison and a $500 fine, although police are not seeking jail time for the first-time offender.

Dressed in a dark navy pinstripe suit, a subdued Henderson spent the afternoon sitting in the dock at the Auckland District Court listening to lawyer Paul Dale argue his case.

Mr Dale was still addressing Judge Simon Lockhart when the court day ended at 5pm. Sentencing will resume this morning.

Mr Dale said Henderson - who entered the NBR Rich List for the first time this year with a personal fortune said to be $30 million - was willing to donate $10,000 to a drug rehab centre as a reflection of being "extremely contrite".

"There is a perception, I am sure, that those who are rich and famous should not be able to escape the consequences of their actions because they have a large chequebook.

"I am conscious of the public interest in someone of his profile making an offer of this large amount."

Crown prosecutor Fletcher Pilditch said the offer of a donation was entirely up to Henderson but police opposed a discharge without conviction.

Mr Dale said Henderson had pleaded guilty for "commercial reasons". He did not want a prosecution hanging over his head.

"This is a big concession for Mr Henderson.

"He has really copped it. His personal circumstances are subject to comment," said Mr Dale, adding that a psychologist's report would reveal details of a marriage break-up.

"Mr Henderson can write out a large cheque and feel no pain but what he does feel is public scrutiny."

Police diversion was never an option because of the high-profile nature of the case, said Mr Dale.

"Perhaps on another day, a lower profile, would Mr Henderson have gotten lucky? I don't know?"

He asked the judge to take into account Henderson's early plea of guilty, his good character and the impact of a conviction on his business and ability to travel, mainly to Australia, the United States and China.

Henderson would still have to disclose his arrest when applying for a US visa.