Kāpiti Coast district councillor David Scott. Photo: RNZ/Richard Tindiller
It is now a year since David Scott was convicted and fined $1500. He today lost his appeal against his conviction and sentence.
In April, his lawyer told the Court of Appeal that Scott had been the victim of a miscarriage of justice because his trial lawyer failed to call expert medical evidence and made a "fundamental error" in asking a doctor to measure Scott's penis during the trial.
However, in today's judgment the court has found the measuring was a legitimate trial strategy and the trial Judge was right to refuse Scott a discharge without conviction.
The Court of Appeal has permanently suppressed the measurements of Scott's genitals.
Kāpiti Coast District Council's chief executive Wayne Maxwell said in an email today Scott had been removed from office with immediate effect.
Any councillor convicted of a crime that carries a maximum penalty of two years or more imprisonment is automatically disqualified from office.
However, a council manager confirmed Scott had been paid his salary during his leave of absence, which began on 19 June last year.