Subject: David Solt Charge discussions- WITHOUT PREJUDICE
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Kia Ora

I act for Mr David Solt, who is charged with breaching a protection order in that he psychologically abused the protected persion by refusing the leave the family home when asked. The protected person was not at the home at the time, and did not ask him to leave personally.

The circumstances of the alleged breach are that Mr Solt's father, Paul Solt, went to the home with police to ask David to leave with him on 26 April.

However, Paul had assaulted David the day before, 25 April, as set out in the attached family harm report. I see the police officers on the day considered laying a police safety order to protect David from Paul, but decided not to because Paul had left the property. It is a shame they did not lay that police safety order, because Paul would have been prevented from going to the home and continuing to terrorise his son. Mr Paul Solt was also accompanied by Jessica McKenzie. Paul had previously informed David that Jessica has taken out a restraining order against him, so David wanted to avoid speaking to her as well.

David therefore did not leave the home with Paul as requested because he was too scared to leave with his father. I understand the police at the scene gave him the choice of leaving with his father or leaving with them under arrest, and he chose to leave with the police because they at least hadn't assaulted him. He was therefore not acting in any way that would psychologically abuse the protected person, who was not there. David understands that two of the police officers present on 26 April had been at his property the day before, helping him following his complaint regarding his father.

Mr Solt has substantial physical disabilities, as set out in the doctor's certificate I have already provided to you, and is now out of the property and settled in housing appropriate to him. He has no previous convictions and I understand he has engaged a family court lawyer to discuss parenting issues in an appropriate way.

I therefore invite you to withdraw this charge. The elements are not made out, and in the circumstances, I do not see the public interest in prosecuting David for refusing to be alone with someone who had assaulted him the previous day.

Please feel free to contact me to discuss this matter.

Kind regards


Sophie Barclay
Lawyer
DDI: 04 4953642
Mobile: 027 290 2390
Email: Sophie.Barclay@pds.govt.nz