Tonkin takes diversion in false statement case

Heather Tonkin, who for the past 18 months has vehemently denied a criminal charge of making a false statement to police, has accepted diversion just as her two-week trial was to begin.

Tonkin - whose daughter is the child of Captain Mark Phillips - accepted police diversion in the Manukau District Court yesterday over an incident that happened two years ago.

Police diversion, which may involve making a donation to charity, does not result in a criminal conviction against the person concerned.

The Herald understands that Tonkin had refused an offer of diversion after her arrest in December 1999.

The 50-year-old was charged with making a false statement after she telephoned police on July 22, 1999, and said that a former lover, Jason Fowell, was following her and watching her Whitford home.

Police went to her aid but Mr Fowell was apparently in Dunedin on the day concerned.

The Crown Law Office in Wellington had instructed John Haigh, QC, to prosecute the case.

No estimate was available last night of how much had been spent on pursuing the case after Tonkin's plea of not guilty.

At least 11 witnesses were due to give evidence at the trial and Mr Fowell had flown in from Australia for the case.

After five hours of negotiations yesterday between Mr Haigh and Tonkin's lawyer, Barry Hart, the charge was withdrawn by Judge Heather Simpson and diversion papers were signed.

The maximum penalty Tonkin would have faced if convicted of making a false statement was a $1000 fine or three months imprisonment.

Mr Fowell told One News last night that he was absolutely gutted by the case's outcome.

"The truth hasn't been told about the whole situation so I'm very disappointed," he said.

Tonkin, whose daughter Felicity, aged 15, is a half-sister to Peter and Zara Phillips, refused to make any comment as she left the court.