Top architect to fight arson conviction
Judge rejects application for discharge over burning of estranged wife’s clothes
Atop Auckland architect set fire to his estranged wife’s clothes — including her wedding dress — because he suspected she was having an affair.
Nicholas Elliot Moyes, 47, was convicted of intentional damage after the arson, but is now appealing that decision — saying that it will severely restrict his career.
Moyes, a principal architect for prominent firm Jasmax, was sentenced on one count of intentional damage in the Auckland District Court on December 1.
On Boxing Day last year Moyes set fire to a significant amount of his estranged wife’s property in the driveway of their Titirangi home.
The incident came after the couple, married for 10 years, separated in early December.
They agreed that Moyes would stay in Auckland and his wife would take the children to Wellington.
However she left earlier than expected and court documents reveal what happened next.
“He felt disquiet about the circumstances of the separation and was uncomfortable about the suddenness of his wife’s departure to Wellington with their children,” the police summary of facts stated.
“He decided to check their personal papers.”
Moyes found a shoebox full of documents including cards and notes to his wife from a man overseas, where the wife had travelled regularly for work in 2016.
After reading the notes, Moyes formed the view that his wife was having an affair with the other man.
He was also convinced that she was “considering joining him perman- ently overseas and taking their children with her”.
Moyes tried repeatedly to contact her and she finally responded to him at 1am on December 26.
Soon after they spoke, he took “all of her clothing” including “nightwear, swimsuits, shorts, underwear, jackets, designer dresses and her wedding dress” from a wardrobe and drawers.
“[Moyes] has set fire to these clothes on the driveway, causing them to be destroyed,” the summary said.
The court heard that his explanation for the offending was not meant to justify his behaviour, which he had “extreme remorse and regret” over.
Since the incident Moyes and his wife have formally separated.
The court heard she was “significantly distressed” by the incident.
Moyes applied for a discharge without conviction and his lawyer Paul Dacre, QC, said he accepted the offending and its impact, but the consequences of a conviction were “out of all proportion to the gravity of the offending”.
He said that if convicted Moyes’ career would be greatly impacted.
Jasmax chairwoman Karen Price said she had known Moyes for 10 years and supported him.
Judge Burns rejected Moyes’ application for a discharge without conviction, saying the offending was serious.
He confirmed that Moyes had already paid $15,000 in reparation to his ex-wife and did not order any further financial penalty.
Moyes has since appealed the decision. His ex-wife attended his sentencing but declined to comment.