Sculpture vandal to fund bigger warning sign
The man who broke the Water Whirler has to do community work but only has to pay a nominal $1000.
At the last minute, Wellington City Council did not seek reparation for repairing the Len Lye sculpture broken by Hunter Laurie Browne Macdonald.
Wellington District Court Judge Jan Kelly ordered Macdonald to do 150 hours of community work and to pay $1000 toward a larger sign warning people not to climb on the sculpture.
Macdonald, 28, had pleaded guilty to intentional damage of the Water Whirler on October 8, 2018. Macdonald climbed on to it, getting further and further along until he was hanging over the water, when the pole snapped at the base.
The judge questioned the reparation and was told that it was completely covered by insurance.
She had an initial figure of $52,901.61 but was told it was no longer sought as reparation.
The judge said she would order reparation to help pay for a larger sign to tell people not to climb on the sculpture, which was agreed as part of a restorative justice meeting.
Macdonald would be paying it off at $50 a week.
He had eight previous convictions, mainly for alcohol and driving offences, Kelly said.
She called it a ‘‘reckless and stupid act’’.
‘‘It is particularly important today to deter you and others from doing the same or similar offences ... the availability of sculpture is what makes Wellington a vibrant and culturally rich city to visit and live in.’’
In a probation report, Macdonald said he had taken liberties with other people’s property in the past but felt he had learnt his lesson, Kelly said.
‘‘You said you had felt invincible but no longer feel that way,’’ she said.
‘‘You now recognise the impact your actions had on the wider community and want to make up for the damage caused.’’ Kelly said it was accepted there was a large public reaction and some of it had been malicious.
Defence lawyer Carrie Parkin said Macdonald suffered a significant brain injury when the pole fell on his head and nearly lost his life.
She said he had suffered also from online criticism and bullying after the incident and had lost his job.
Macdonald said he was ‘‘bored out of my mind’’ while walking along Wellington’s waterfront, when he came across the Water Whirler sculpture – which cost about $300,000 at the time of installation in 2006.
He said boredom and an encouraging crowd were behind the stunt.
In a video interview supplied to Stuff, he said: ‘‘I decided to stop and sort of attempt some sort of gymnastic, acrobatic stuff on the sculpture’’. Macdonald said he had no idea that Lye – ‘‘who is clearly a big deal’’ – had actually done the work. ‘‘Obviously that is his work, his art, so obviously I apologise for defacing that, that wasn’t my intention. To the people of Wellington, it’s such a beautiful city and everyone sort of takes pride in the city, so I do apologise to them.’’
The police summary of facts said that Macdonald wanted to be the first to climb it.
The Water Whirler was installed in Wellington 2006, with installation pushing the final bill up to $1 million.