Crown pushes for custodial sentence in Lombard finance case, defence wants community service
By Paul McBeth
March 29 (BusinessDesk) – The Crown is seeking a custodial sentence for the directors of failed lender Lombard Finance
and Investments while the defence is arguing that community service or a fine is more appropriate.
Crown prosecutor Colin Carruthers QC told the High Court in Wellington that a starting point of 2 years to 2 ½ years was
appropriate for non-executive directors Douglas Graham, Lawrence Bryant and Bill Jeffries. For former chief executive
Michael Reeves, Carruthers said 2 years and 9 months was an appropriate starting point.
Paul Davidson QC, council for Graham and Bryant, told the court a sentence of community service or a pecuniary penalty
was appropriate for the directors given the lack of dishonesty in their actions.
Judge Robert Dobson is hearing mitigating factors from council today as he prepares to deliver a sentence after finding
them guilty making misleading statements in offer documents a month ago.
At the time of the verdict, Judge Dobson said the directors’ offences were a “material step away from the seriousness
required for a custodial sentence” and that the law created “criminal liability for what may be no more than a material
misjudgement about the accuracy and adequacy of the description of the state of financial health of the company, as
directors authorise it in offer documents.”
Lombard Finance went into receivership in April 2008, owing approximately $127 million to about 4,400 investors.
(BusinessDesk)