IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
CRI-2014-088-003309 [2016] NZHC 1855
BETWEEN EVANDA HAYES HARDING
KIATA SONNY PENE CASEY REWHA TYSON HARDING Applicants
AND
THE QUEEN Respondent
Hearing: 25 and 26 July 2016 Appearances:
Maria Pecotic and Annabel Maxwell-Scott for Evanda Harding
Lucy Postlewaight for Kiata Pene
Nick Leader for Casey Rewha
Baden Meyer and Ted Faleauto for Tyson Harding
Michael Smith and Richard Annandale for the RespondentJudgment:
10 August 2016
JUDGMENT OF MOORE J [On s 147 applications]
This judgment was delivered by me on 10 August 2016 at 4:30 pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar
Date:
HARDING & ORS v THE QUEEN [2016] NZHC 1855 [10 August 2016]
Introduction
[1] The applicants each faced charges arising out of a large scale Police operation which investigated the activities of a number of people claimed to be part of a sophisticated methamphetamine manufacturing operation. Their trial commenced on
27 June 2016. The Crown’s evidence was mostly in the form of visual surveillance
and intercepted audio communications.
[2] Following the conclusion of the Crown’s case the defendants applied under s 147 of the Criminal Procedure Act 2011 (“the Act”) to be discharged on the grounds that a properly directed jury could not reasonably convict.1
[3] After hearing argument I allowed the application by Tyson Harding and discharged him on Charge 8. I also discharged Casey Rewha on Charge 7.
[4] I dismissed the balance of the applications.
[5] I advised counsel of my results decision but indicated reasons in writing would follow. I now give those reasons.
Background facts
[6] In the second half of 2014, the Police commenced an investigation into a methamphetamine manufacturing operation based in Northland. The primary focus was on the activities of Brownie Harding. But the investigation also examined the activities of a large number of others including members of his family, friends and acquaintances. The operation was codenamed Taskforce Easter.
[7] Taskforce Easter ran over several months from September to November 2014 and into December 2014. Of primary interest to the Police were the activities which took place in and around a house situated at 278 Taipuha Road, Waiotira (“the address”), a tiny rural community situated approximately 30 kilometres southwest of
Whangarei.
1 Criminal Procedure Act 2011, s 147(4)(c).
[8] The sophistication and extent of the Police’s investigation techniques increased as the surveillance progressed. Initially only a single remote video camera scanned one side of the house and property providing an oblique, but incomplete and distant view. This was improved by the later installation of a closer second camera which covered the driveway and the front of the house. During the period of the operation, four covert entries into the house were undertaken by members of the Special Tactical Group (“STG”). On 17 October 2014 a listening device was installed inside the house. Additionally, warrants were obtained authorising the interception of private communications on a large number of mobile telephones.
[9] The information obtained from…
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