An Alexandra man convicted and discharged from the Queenstown District Court earlier this year for disturbing a historic site was yesterday re-sentenced by Judge Paul Kellar in the Alexandra District Court.
Campbell Munro Withington (46), employed, of Alexandra, failed to make a $4000 donation to the New Zealand Historic Places Trust (NZHPT) as required by Judge Mike Crosbie in July, and was yesterday made to pay a total of $9500 to the trust as a result.
He was charged with, and admitted, damaging or modifying a site without authority from the trust, or any other authorised person, knowing or having reasonable cause to suspect the site was an archaeological site within the meaning of the Historic Places Act 1993.
Withington and two other men visited Coal Creek in the Nevis Valley on June 3, 2007 searching for an old gold-mining village called the North Pole, accompanied by a TV3 camera crew.
Yesterday, Withington failed to appear in the court when his name was called for a re-sentencing, and was left without representation after his former defence lawyer Russell Checketts sought and was granted leave to withdraw from the case.
Representing the trust, lawyer Aleyna Hall said Withington had failed to honour an agreement he made with the organisation during a defended hearing in the Queenstown District Court on July 29.
Ms Hall, of Wellington, said Withington agreed to admit the charge, which he had previously denied, and pay a $4000 donation to the trust, in exchange for the trust not opposing his discharge without conviction.
She said the donation had to be paid to the trust by November 5, and as Withington had failed to do so, he was able to be re-sentenced.
"The informant [NZHPT] has not received payment of that donation, and despite repeated requests has not received any reason as to why Mr Withington has failed to pay the donation. The informant seeks a fine of between $7000 and $9000 and an order as to costs," Ms Hall said.
The trust sought costs of $2500, which was half of what it had spent on the additional proceedings after Withington's failure to honour the agreement, she said.
Ms Hall said Withington had shown no remorse, which was highlighted by his lack of attendance in the court.
Judge Kellar agreed and said he could not give Withington any credit for his guilty plea, as it was made at the last minute on the grounds of an agreement.
"There is lack of remorse and lack of accountability or responsibility, demonstrated by the fact that he's not paid that sum nor made an appearance in court," Judge Kellar said.
He said Withington was a former member of the NZHPT and the Otago Goldfields Heritage Trust, and it was particularly important he was held accountable given the increasing interest in the history surrounding the Otago goldfields.
Withington was fined $7500, $7000 of which was to be paid to the trust and $500 as court costs.
He was also made to pay the trust costs of $2500.
The charge had a maximum penalty of a $40,000 fine.
Withington, who is a member of the Vincent Community Board, did not return calls yesterday.
