Lockdown breach case found proved

A SOUTHLAND Covid19 sufferer breached Level 4 lockdown by licking his fingers and wiping them down his workplace reception window on the day he was cleared of the disease.

The man, who has interim name suppression, tried to enter his workplace twice in April and on both occasions, witnesses have said, he breathed on and licked his fingers and wiped them down the reception window.

The first occasion was on the day he had been called by the Southern District Health Board to say he was cleared of Covid19.

Judge Cameron Walker yesterday summed up the case of the 52yearold man, who had faced a judgealone trial since Wednesday in the Invercargill District Court.

Judge Walker found a charge of failing to comply with a medical officer of health requirement to stay at home unless it was for essential personal movement proven.

He told the court the man had tested positive for Covid19 after contact with what was described as ‘‘the Bluff cluster’’.

As a result he had to go into isolation.

On April 16, the man arrived at his workplace and asked the staff to open the door, despite him not being required or rostered to be there.

One of the witnesses at the trial said she denied him entry because, at that time, she did not know if he had been cleared of Covid19 or if he was allowed to be back at the facility — which was deemed an essential service.

He then asked her to open the window so they could talk.

The defendant said he had been ‘‘cleared’’ and the witness, ‘‘believing in his words’’, opened the window.

They had some discussion about the lockdown and how tired the man had been.

Giving testimony, she said the man had licked and breathed all over his fingers and wiped down the face of the window.

Judge Walker said the man returned to his workplace on April 22.

After being refused entry, he once again breathed on and licked his fingers and wiped them on the same window — this time, he also did it to a colleague’s car door handles.

His manager, who also was a witness at the trial, said the man had informed her he had been cleared of Covid19 and she had organised for him to return to work on April 22.

However, when his partner started to feel unwell days before and he was retested, the manager told him not to return to work until they were both cleared.

Judge Walker said the defendant gave evidence saying he believed he could go to work as he was an essential worker.

The court heard the defendant was remorseful for his actions, acknowledging it was a ‘‘stupid thing to do’’.

Judge Walker rejected the defendant’s claims he was an essential worker.

‘‘Clearly, he had other options to obtain that information other than go to his workplace at a time he was not required to.’’

Counsel John Fraser indicated he would apply for final name suppression and a discharge without conviction.

Judge Walker remanded the man on bail until November 23.