James David McAllister was found in contempt of court for refusing to take the oath or affirmation after being selected for a jury in Auckland District Court on July 10.
In a decision released today, Justice Graham Lang found Mr McAllister was in contempt when he refused to take the oath, but replaced his 10-day prison sentence with a $750 fine.
"His conduct was deliberate, and it interrupted the court process. It also disobeyed the judge's earlier direction requiring him to serve on the jury, and occurred in circumstances where Mr McAllister had no lawful excuse for doing what he did,'' Justice Lang said.
"The appeal against the judge's conclusion that Mr McAllister was guilty of contempt for refusing to take the oath is accordingly dismissed.
"The appeal against the judge's conclusion that Mr McAllister was guilty of contempt for subsequently saying he could serve impartially on the jury is allowed.
"The appeal against sentence is allowed, and the sentence of imprisonment is quashed. In its place Mr McAllister is fined the sum of $750.''
