A Queenstown labourer who ran to help his father after he was sprayed in the face with weedkiller by neighbour Alistair Hey was yesterday found guilty of burgling Mr Hey's garage.
It is the latest court appearance in an ongoing saga, dubbed neighbours at war.
Last year Mr Hey was found guilty of assaulting Tim Clark on September 14 and ordered to pay $1500 emotional harm reparation and complete 70 hours' community service.
The incident occurred after Mr Hey was apparently asked by Mr Clark to turn down music.
Yesterday Judge Mark Callaghan found Mr Clark's son, Rhys Timothy Clark (30), guilty of burglary after he entered Mr Hey's garage and removed a motorised skateboard immediately following the assault on his father.
He walked away with the skateboard, but less than a minute later returned to the access way on Hensman Rd, leading to Mr Hey's property as well as several others, and threw the skateboard down before walking away again.
While defence counsel Liam Collins argued there was no case to answer because Clark did not intend to permanently deprive Mr Hey of the skateboard, Judge Callaghan disagreed.
CCTV footage of the entire incident, including the assault, was shown during the trial.
Clark was observed near the entrance to Mr Hey's garage, disappearing from sight as he headed into the garage, leaving it but looking back.
A short time later he re-entered the garage and is then seen leaving with the skateboard over his shoulder.
Mr Hey said as a result of Clark throwing the skateboard it was irreparable.
While he had no proof of purchase for the skateboard, he initially estimated it was worth about $950.
He had since provided varying estimations of its worth, the most expensive was $1600.
Mr Collins contended Mr Hey was attempting to "claw back some of the emotional harm reparation'' he had been ordered to pay Clark's father.
Mr Hey denied that allegation.
In finding the charge proven, Judge Callaghan said it was clear Clark had no authority to be on the property or enter the garage, and removing the skateboard showed an intent to deprive the owner of it.
Mr Collins immediately sought the matter's adjournment for a discharge without conviction application to be prepared.
He contended a conviction for burglary, which carries a maximum sentence of 10 years' imprisonment, would be out of all proportion when considering the facts.
"The stigma [of a burglary conviction] has wide-ranging ramifications.
"It's less than a minute from the entry [of the garage] until the return of the skateboard. The gravity ... could not be lower.''
Judge Callaghan remanded Clark to reappear on May 30 for the discharge application to be heard.
