Sunday 11 December 2016

AC/DC's Phil Rudd sentenced over threatening to kill and drug possession

Wire Agencies

Published 09/07/2015 | 09:32

Phil Rudd stands in the dock at the Tauranga court where he pleaded guilty to threatening to kill a man who used to work for him and possessing drugs
Phil Rudd stands in the dock at the Tauranga court where he pleaded guilty to threatening to kill a man who used to work for him and possessing drugs

AC/DC drummer Phil Rudd has been sentenced to eight months of home detention after admitting threatening to kill a man, along with possession of methamphetamine and marijuana.

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The 61-year-old Australian-born drummer had faced up to seven years in prison on the threatening to kill charge, but in a New Zealand court his lawyer had argued for the conviction to be set aside.

AC/DC drummer Phil Rudd, right, arrives at a court in Tauranga, New Zealand (AP)
AC/DC drummer Phil Rudd, right, arrives at a court in Tauranga, New Zealand (AP)

During the hearing, Tauranga District Court judge Thomas Ingram said Rudd had a limited criminal history and posed a low risk of reoffending, Radio New Zealand reported.

But the judge said Rudd had been found with a substantial amount of drugs and rejected an argument from Rudd's lawyer that the death threat boiled down to one angry phone call.

Former AC/DC drummer Phil Rudd leaves the District Court in Tauranga, New Zealand, flanked by security guards yesterday. Photo: Getty Images
Former AC/DC drummer Phil Rudd leaves the District Court in Tauranga, New Zealand, flanked by security guards yesterday. Photo: Getty Images

Rudd has been out on bail since pleading guilty to the charges in April, when he acknowledged in a court summary of facts that he had offered large amounts of cash, vehicles and a house to an associate after asking him to have the victim "taken out".

He also acknowledged that he had directly said to the victim he was going to kill him.

Prosecutors had also originally charged Rudd with murder-for-hire, but later dropped it, citing lack of evidence.

According to the court summary, the dispute began in August when Rudd threw a party at his marina restaurant, Phil's Place, to celebrate the launch of his solo album, Head Job.

Phil Rudd stands in the dock at the Tauranga court where he pleaded guilty to threatening to kill a man who used to work for him and possessing drugs
Phil Rudd stands in the dock at the Tauranga court where he pleaded guilty to threatening to kill a man who used to work for him and possessing drugs

But Rudd grew angry that security was not tight enough, and felt the launch had not gone well. He subsequently fired several employees, including the victim, whose name has been suppressed by the court.

About four weeks later, Rudd called an associate and told him he wanted the victim "taken out", according to the court summary. When asked to clarify, Rudd said he wanted the victim "taken care of".

Phil Rudd, fourth from left, with his AC/DC bandmates in 2003
Phil Rudd, fourth from left, with his AC/DC bandmates in 2003

In another call, according to the court summary, Rudd offered the associate "200,000 dollars, a motorbike, one of his cars or a house", which the associate took to mean as payment "for carrying out his earlier request". Two hundred thousand New Zealand dollars is equivalent to about £87,000.

The morning after calling his associate, Rudd called the victim directly, saying "I'm going to come over and kill you".

Police found marijuana and methamphetamine in several parts of Rudd's home during a search of the house, the court summary said. They also found methamphetamine in his pocket.

Rudd's lawyer, Craig Tuck, had asked for a discharge without conviction in the case. New Zealand law gives a judge the discretion not to enter a conviction even after a defendant has pleaded guilty.

Judges can do this if they think the consequences of a conviction outweigh the seriousness of the crime, a move which can allow a defendant to keep a clean record.

Rudd largely ignored questions from the waiting media pack upon arriving at court, but thanked his fans for their "fantastic" support.

It is unclear whether Rudd has a future with the Australian rock band he has been part of on-and-off for almost four decades.

The band is currently using Welsh drummer Chris Slade for its Rock or Bust album tour, but has not said if that's a long-term arrangement.

Rudd did not comment on the sentence as he left the courthouse, simply telling reporters to "get a (expletive) job" and batting away a microphone as he got into a waiting car.

Mr Tuck later said that an appeal had been filed.

Press Association

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