Private prosecution aim stated

Dave Henderson.
Dave Henderson.
The last shot may not have been fired in a Gibbston ''neighbours at war'' dispute.

Bankrupt developer Dave Henderson is considering bringing a private prosecution over a trench-digging incident at the Anthem vineyard in March involving former All Black and MP Grahame Thorne and Bannockburn vineyard owner Richard Guthrey.

Armed police rushed to the area on the night of March 5 after getting separate calls from Mr Henderson and Mr Guthrey - the former claiming the latter had breached a trespass notice and wilfully damaged his land, and Mr Guthrey claiming a firearm had been discharged near him.

Police have since decided not to lay charges, but Mr Henderson told the Otago Daily Times he had requested the police file under the Official Information Act.

''The intention is to go through that ... and then to bring a private prosecution.''

Police had told him there was enough evidence to bring charges, but they had decided not to do so because it was ''not in the public interest''.

Mr Guthrey told the ODT the day after the incident he had used a trenching machine to dig the 60m-70m trench in the capacity of a contractor for Mr Thorne, who was a friend.

It was within an easement Mr Thorne had for a water connection across the property, which Mr Henderson did not own.

Later in the evening, after going to investigate activity near the trench, he heard a gunshot and could ''smell the cordite'', Mr Guthrey said.

He told the ODT last week there was ''no foundation'' to Mr Henderson's trespass complaint and the matter had been resolved as far as he was concerned.

Police had told him there was insufficient evidence about his firearm complaint.

Mr Thorne had subsequently reached an agreement with a neighbour to run a water connection through their property, and the trench at the centre of the incident had been filled in.

guy.williams@odt.co.nz

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