Sergeant Jason Lamont, 39, was pulled over last August with a reading of 113mg of alcohol per 100ml of blood.Should the police officers who arrested and charged Mr Lamont be charged with wasting police time? But, then what if they in their turn were discharged without conviction? Could the police become a vexatious litigant?
The Auckland officer was charged with excess blood alcohol and pleaded guilty in the North Shore District Court in April.
But Judge Phil Gittos discharged Mr Lamont without conviction, saying his role and experience outweighed the importance of the conviction.
"The judge basically took the view that it effectively wouldn't be in the public interest for an experienced and well-regarded senior police officer to be out of a job," defence lawyer Steve Bonnar told theWeekend Herald.
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