SAN FRANCISCO (Reuters) — A California judge threw out charges against former Hewlett-Packard Co. Chairman Patricia Dunn yesterday for her role in a boardroom spying scandal that tarnished the reputation of one of Silicon Valley’s most respected companies.Santa Clara County Superior Court Judge Ray Cunningham cited health concerns in dismissing the case against Dunn, who is battling breast cancer.

He also said he would do the same for the three other defendants — former HP executive Kevin Hunsaker, and private investigators Ronald DeLia and Matthew DePante — if they completed 96 hours of community service and paid restitution by September 12.

HP, the world’s largest maker of personal computers, has come under scrutiny for the tactics it used to find the source of media leaks in 2005 and 2006.

HP had hired investigators who impersonated reporters, board members and employees to obtain their private telephone records. The probes, which came to light last September, sullied the reputation of a Silicon Valley stalwart that prided itself on doing things the “HP way.”

Last October, former California Attorney General Bill Lockyer filed criminal charges against Dunn, who resigned on September 22, and four others.

“It is a vindication of Pattie Dunn in every sense of the word,” James Brosnahan, Dunn’s lawyer, said outside court yesterday.

Dunn, who also appeared before the US Congress to testify about the HP probe, had said she regretted the way the investigation was handled but did not accept personal responsibility for any deceptive tactics used.

Earlier yesterday, the office of California Attorney General Jerry Brown had said Dunn and the three others defendants would plead guilty to a misdemeanour charge of fraudulent wire communications.

Brown’s office later issued another statement saying it mistakenly predicted the three would enter guilty pleas.

Instead, the judge dismissed the charges against Dunn and set down guidelines for the other three to have the charges thrown out.

Hunsaker’s lawyer, Tom Nolan, said there would be no acknowledgement of guilt or responsibility by Hunsaker and the other defendants.Jury selection in Conrad Black case begins — Page 13