The 19-year-old international student appeared in the Dunedin District Court yesterday to face a judge-alone trial on one count of intentionally damaging by fire a cushion.
The charges stemmed from Kubota drunkenly setting fire to a cushion in the early hours of March 20 following the Hyde St keg party.
Kubota and two friends then piled other rubbish, including what appeared to be another cushion and a blanket, left in the street following the party, on to the fire.
Following testimony from the arresting officer and legal argument between police and the defence, police prosecutor Tim Hambleton conceded ''the police case is stuffed'' and Judge Kevin Phillips dismissed the charge.
Outside, Kubota said he was ''really stoked'' with the outcome, as a conviction would have prevented him from being able to get a job. However, the incident came as a wake-up call for him and he was consuming ''less alcohol'' as a result.
''Me and my friends were really, really drunk that night and we were really, really cold,'' Kubota said, in explanation of his actions.
''They [police] chucked us in a cell for at least 10 hours. We had so much time to think about what we had done.
''Reality hit us in the cells and as I was sobering up I realised how badly I messed up.''
Constable Jonathan Bentley, the arresting officer, told the court Kubota admitted being the one who started the fire. CCTV footage subsequently confirmed it.
Despite that, the charges were dismissed, as defence counsel Len Andersen argued the material burnt in the fire was rubbish, did not belong to anyone and therefore intentional damage charges could not be laid.
Kubota was originally charged by arresting officers with criminal nuisance. A further charge of intentional damage with reckless disregard for safety was laid with the court. That was amended to intentional damage and the charge of criminal nuisance was withdrawn.
Two other men were charged in relation to the fire.
One, also represented by Mr Anderson, had his charges withdrawn. The other was granted judicial diversion and ordered to pay the Fire Service $750 and complete 80 hours' community work.
Kubota was originally charged with setting a couch on fire. The argument over whether the fire was lit on a cushion or couch took on importance as Mr Andersen argued the cushion was simply rubbish.
Const Bentley conceded it could have been discarded and that
point became the focus as Mr Andersen argued rubbish could not be intentionally damaged, just as discarded items could not be stolen.
''The essence of the charges is damage to someone's property.''
''It was just stuff that was lying on the street. There's particular charges that relate to where things are set on fire, but that's not intentional damage. It's immaterial how the damage has been caused.''
Judge Phillips asked Mr Hambleton if anyone had complained about the damage to the items or raised the fact it was missing. No-one had.
''The police case hit a brick wall,'' he said.
''There is no case to answer and the charge is dismissed.
''Mr Kubota, you get no credit from me for your actions that night. You are free to go, however.''
Mr Andersen said the case highlighted a hole in the legislation. Nuisance fires which did not damage someone's property or risk injury or death were not covered by the law.
''The police have a very difficult job with it,'' he said.
•Police were unable to respond to questions related to the case last night.
