5 May 2010

Conviction quashed in Whangarei arson case

10:36 pm on 5 May 2010

The Court of Appeal has upheld an appeal by a Whangarei man convicted of burning down his former workplace.

Vincent Leonard, 46, was convicted of arson, burglary and intentional damage after a fire at Pat Gavin Kitchens in Whangarei.

The company blamed the $1 million fire for its subsequent liquidation and the loss of 30 jobs.

Mr Leonard, the company's former production manager, was found guilty of the charges in 2009 and sentenced to six years in prison after jurors at his first trial failed to agree on a verdict.

Mr Leonard appealed against the verdict, claiming it was wrong and that the sentence was manifestly excessive.

In a decision issued on Wednesday, the Court of Appeal quashed all convictions and made no order for a retrial.

Mr Leonard is at home after serving six months of the six-year sentence. His lawyer Ken Bailey says the Court of Appeal has not released its full judgement, but it will show that his client suffered a miscarriage of justice.

Mr Bailey told Checkpoint on Wednesday he has not been instructed on any matter of compensation.

Compensation is guided by Cabinet guidelines and being acquitted of a crime even on appeal is not a justification for it, he says.