IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2016-404-000412
CRI-2016-404-000415
CRI-2016-404-000417
CRI-2016-404-000418
CRI-2016-404-000419 [2016] NZHC 3112
BETWEEN RAKESH CHAND
VIJENDRA PRASAD BINESH PRATAP PRADEEP CHAND
SHREE SANATAN PRATANIDHI DHARAM SABHA MANUKAU BRANCH INCOPORATED Appellants
AND
INTERNAL AFFAIRS DEPARTMENT Respondent
Hearing: 16 December 2016 Appearances:
S Lack on instructions from R Mansfield for R Chand
J Hunter and Z Malkawi for V Prasad
S Sharma for B Pratap, P Chand and Sabha
K Hogan and I Ko for RespondentJudgment:
16 December 2016
ORAL JUDGMENT OF VENNING J
Solicitors: Kayes Fletcher Walker, Auckland Wynyard Wood Lawyers, Auckland Sanjay Sharma, Auckland
Copy to: R Mansfield, Auckland
S Lack, Auckland
J Hunter, Auckland
Z Malkawi, Clendon
Fairfax Media
PRASAD & ORS v INTERNAL AFFAIRS DEPARTMENT [2016] NZHC 3112 [16 December 2016]
[1] The appellants face a number of dishonesty charges in the District Court at Manukau. In a decision delivered on 24 November 2016 Judge C S Blackie declined to continue the interim suppression of the appellants’ names.1 They appeal from that decision.
[2] The Crown has assumed responsibility for the prosecution of the case and has laid the following charges against the appellants:
(a) Rakesh Chand
(i) seven counts of theft by a person in a special relationship; (ii) one of obstructing a gambling inspector;
(iii) using a forged document; and
(iv) four charges of dishonestly using a document; (b) Vijendra Prasad
(i) three charges of theft by a person in a special relationship; (c) Binesh Pratap
(i) one charge of theft by a person in a special relationship; (d) Pradeep Chand
(i) two charges of theft by a person in a special relationship; and
(ii) one of obstructing a gambling inspector;
(e) Shree Sanatan Pratanidhi Dharam Sabha Manukau Branch Inc
(Sabha).
1 Department of Internal Affairs v Sabha [2016] NZDC 23503.
(i) three charges of theft by a person in a special relationship; and
(ii) four charges of using a document.
[3] A number of other parties are charged on the same prosecution notice. They were also parties to the decision declining continuation of interim suppression, namely Richard Kumar, Ashok Kumar, Anup Kumar, Mohammed Feroz Hassan, and the Mangere United Social Club Inc. No appeals have been lodged by those parties.
[4] The charges arise from allegations of the misuse of grant funding received from gambling corporate societies by four incorporated societies, including Sabha. All are associated with the Fijian Indian community.
[5] Mr Sharma who acts for Binesh Pratap, Pradeep Chand and Sabha initially proposed to withdraw the appeals by those parties as he had filed a second application with the District Court for a further interim suppression order. After a conference Mr Sharma was instructed to pursue this appeal.
[6] Although counsel thought the Judge had invited such an application I do not read the Judge’s comments that way. Further, as the Court of Appeal confirmed in Young v District Court at Hamilton, in the absence of new factual circumstances, repeated applications for suppression can amount to…
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