Charged: Du Val property developer Kenyon Clarke called to court over phone fracas
The lack of a charge led to Murphy filing a private prosecution against Clarke with the Auckland District Court, telling the Herald he believed police would take no action.
In the court papers accompanying the private prosecution, Murphy alleged Clarke approached him after he shouted out the developer's name while taking photographs.
The papers claim Clarke then 'reached in through my wound-down driver-side window and snatched my iPhone 15 out of my hands' before walking to his home.
'The act of snatching the phone out of my hands was recorded in a short video to be included as evidence. Prior to the proposed defendant snatching the phone out of my hands, it was fully operable with no water damage.'
Murphy said one of the police officers called to the incident returned the phone to him, saying it had been recovered from the bottom of the Clarkes' swimming pool.
In an interview with the Herald, Murphy said the repairs to his phone cost about $1000 and he wanted compensation for the damage and costs.
Clarke told the Herald at the time: 'The guy's a total [expletive]. A total weirdo. He tried to run me over.' Murphy denies this.
Asked if the phone wound up in the pool, Clarke said: 'Who knows where the phone is? I don't give a [expletive].'
Murphy's private prosecution is now likely on the skids with police laying a charge and the courts generally unwilling to hear two cases against a single defendant over the same issue.
A spokesperson said: 'Police can now advise a 47-year-old man has been summoned to appear in Auckland District Court on 26 May charged with wilful damage.'
Clarke has been approached for comment and has referred the Herald to his lawyer, Ron Mansfield KC. A statement will be issued later today, Mansfield said.
According to emails copied to the Herald, Murphy has continued to send Clarke emailed demands for the repair costs to the phone.
In those emails, he also claims to have organised people to collect the alleged debt from Clarke at his home.
Kenyon and Charlotte Clarke's high-profile property empire was taken into government management in August and then placed in receivership with claims of mounting debts which the couple reject.
David Fisher is based in Northland and has worked as a journalist for more than 30 years, winning multiple journalism awards including being twice named Reporter of the Year and being selected as one of a small number of Wolfson Press Fellows to Wolfson College, Cambridge. He joined the Herald in 2004.
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