All charges found proven after ‘bizarre’ behaviour

‘‘BIZARRE behaviour’’, including an attempted arson, was performed at a Queenstown woman’s home by her former partner, a judge has decided.

Michael John Malone (53), consultant, of Hedgehope, Southland, denied charges of attempted arson, burglary and wilful trespassing at Dianne AustinWilson’s home and an assault on Noel Gutzewitz in a Queenstown bar, all on July 3 last year.

A twoday hearing was held in the Queenstown District Court earlier this week and Judge Mark Callaghan gave his decision yesterday, finding all four charges proven.

Malone was remanded to May 16. His counsel said an application would be made for a discharge without conviction. All options were open for sentencing, the judge said.

Ms AustinWilson had been in a relationship with Malone for 18 months until June 2015. She believed he was responsible for a series of incidents at her home since then, including scratches on her car, punctured tyres, a smashed window and a trip wire placed over her doorstep.

The court heard Malone had received a harassment notice and was trespassed from the property. Police set up a motion sensor camera there.

Ms AustinWilson was at a bar with Mr Gutzewitz on July 3 when Malone pushed Mr Gutzewitz and he fell to the floor.

Judge Callaghan rejected the defendant’s claim the assault was in selfdefence.

Ms AustinWilson and Mr Gutzewitz went back to her home early in the morning and noticed her oven was going ‘‘full blast’’ with a singed tea towel inside. Plant pots had been broken and a bottle of her alcohol was found outside.

CCTV footage from the bar and photos from the motion sensor camera were part of the evidence.

Judge Callaghan said although the defendant denied being at the house that night, he was satisfied the man in the photos, carrying pot plants and holding alcohol taken from the house, was Malone. The person was a similar build to him and was wearing similar clothes.

The defendant had conceded the photos were of ‘‘bizarre behaviour’’ and said the person bore a ‘‘striking resemblance’’ to him.

Although the defence said the tea towel in the oven was unlikely to catch fire, placing a tea towel in the switchedon oven was intended to cause a fire, the judge found.