Commissioner of Police v Whitehouse-Opetaia

[2024] NZHC 2567

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-1644

[2024] NZHC 2567

UNDER

the Criminal Proceeds (Recovery) Act 2009

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

JORDY KARL WHITEHOUSE-OPETAIA

First Respondent

AND

JANELLA JESSIE POLE

Second Respondent

Hearing:

6 September 2024

Appearances:

R M Gibbs for applicant

J M Matheson for respondents, appearance on 6 September 2024 excused

Judgment:

6 September 2024

JUDGMENT OF JOHNSTONE J

(type 1 forfeiture of tainted property)

This judgment was delivered by me on 6 September 2024 at 3.30 pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors: MC, Auckland

COMMISSIONER OF POLICE v WHITEHOUSE-OPETAIA [2024] NZHC 2567 [6 September 2024]

[1]    By amended application dated 11 October 2023 (Amended Application), the Commissioner seeks a type 1 assets forfeiture order under s 50 of the Criminal Proceeds (Recovery) Act 2009 (Act) in respect of a sum of $153,605 in cash found by police    at    the    Waitākere,    Auckland    residence    of     the     respondents     (Mr Whitehouse-Opetaia and Ms Pole) on 2 June 2022.

[2]    The police were at the respondents’ home executing a search warrant. As well as the cash, they found a clandestine laboratory, equipment and chemicals used in the manufacture of methamphetamine, approximately 76.4 grams of methamphetamine, 33 grams of cannabis, a firearm and ammunition, multiple expensive watches, shoes and designer items, and a set of digital scales.

[3]    Mr Whitehouse-Opetaia’s fingerprints were located on items seized from the garage containing the clandestine laboratory. His DNA was identified on a respirator inside the garage.

[4]    In his DVD interview with Police, Mr Whitehouse-Opetaia denied knowledge of the methamphetamine, manufacture equipment, and the cash. When it was put to him, Mr Whitehouse-Opetaia acknowledged the cash was well above and beyond what he would earn, which was about $1,000 per week.

[5]    The Amended  Application  was  called  in  the  Criminal  Proceeds  list  on  6 September 2024.  There was no appearance for the respondents.  Their counsel,  Ms Matheson had previously advised that they do not oppose the Amended Application. Ms Matheson’s appearance had been excused.

[6]    Nor was there an appearance by or on behalf of James Knight, or any other person. Mr Knight was charged, jointly with Mr Whitehouse-Opetaia, with possessing for supply the methamphetamine found on 2 June 2022, and with manufacturing methamphetamine. Mr Knight pleaded guilty to those charges, and was sentenced on 4 August 2023.

[7]    I  am  satisfied  on  the  balance  of  probabilities  that  the  cash  found  on   2 June 2022 is tainted property. As required by s 50 of the Act, I therefore make a type 1 assets forfeiture order in terms of paragraph 1(a) of the Amended Application.

Johnstone J