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Judge brings malicious case (male assault female case) to an early close.

A top principal has had assault charges against him dropped after a judge ruled he’d been the victim of efforts by his ex-wife to “destroy” him.

Peter Clague, formerly Auckland Kristin School’s executive principal, was the subject of a private prosecution brought by his ex-wife relating to two alleged assaults in 2010.

How often does this happen to the ‘Deadbeat Dad’ that the media is so fond of persecuting?

“This whole prosecution is motivated by an intention on the part of Ms Denham to effectively destroy Mr Clague’s reputation and ruin his career, and to consequently damage Kristin School and possibly also to bring pressure to bear on him in relation to a property claim in the Family Court,” Judge McNaughton said.

He said no properly directed jury would be able to convict Clague.

You wouldn’t see this thrown out of the Family Court. Worse is that it’s the whole ethos of the Family Court that has the Police believing a prosecution like this would succeed.

If the judge had ordered that the officer in charge of the prosecution be charged with wasting police time – now that would be a real wake up call.

Clarification: This is a private prosecution.

The case arose here:

The former principal of one of the country’s best schools who starts his new job at the helm of one of England’s most prestigious schools next week will have to come home to defend allegations of assaulting his ex-wife.

Ex-Kristin School executive principal Peter Clague, 48, moved to the UK in August after landing the job of headmaster at 500-year-old Bromsgrove School in Worcestershire.

He is due to start in the role on Monday but will do so under a cloud after Judge Pippa Sinclair declined to dismiss the charge of male assaults female at North Shore District Court yesterday.

(Judge Sinclair said the points made did not meet the “very high threshold” to have the charge dismissed)

(Because the alleged assault had happened more than two months earlier, police could only issue him with an official warning and the case simmered until March 2014 when Ms Jackman filed a private prosecution.)