IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2011-004-015420 [2012] NZHC 3121
THE QUEEN
v
PETER LAWRENCE TANGINOA DOUGLAS DAVID AFEAKI
DAVID CHARLES STEPHEN JOSEPH MAFI
Hearing: 30 October 2012
Appearances: D G Johnstone and M Geller for Crown
P Le'au'anae for Tanginoa G N E Bradford for Afeaki M N Pecotic for Mafi
Judgment: 22 November 2012
REASONS OF POTTER J FOR DISMISSING
CROWN’S APPLICATION TO ADMIT EVIDENCE OF CONVICTIONS
This judgment was delivered by Justice Potter on
22 November 2012 at 3.30 p.m., pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Date:
Solicitors:
Meredith Connell, Crown Solicitors, PO Box 2213, Upper Shortland Street, Auckland 1140 david.johnstone@meredithconnell.co.nz
Copy to:
P Le’au’aunae, PO Box 76616, Manukau City 2241 panama.leauanae@friendshipchambers.co.nz
GNE Bradford, PO Box 2274, Shortland Street, Auckland 1140 gneb@xtra.co.nzM N Pecotic, PO Box 6379, Wellesley Street West, Auckland 1140 mariapecotic@mhotmail.com
R V TANGINOA HC AK CRI-2011-004-015420 [22 November 2012]
Introduction
[1] Peter Tanginoa faces trial on the following charge:
… that between 1 June 2011 and 30 August 2011 at Auckland conspired with
others to import a Class A controlled drug into New Zealand.
[2] Douglas Afeaki and David Mafi face trial on the following charge:
… that between 1 June 2011 and 30 August 2011 at Auckland conspired together and with others to supply a Class A controlled drug to one or more other persons.
[3] Mr Tanginoa was charged jointly with Angus Naupoto, who entered a guilty plea prior to trial. Mr Afeaki and Mr Mafi were charged jointly with William Wolfgramm, who entered a guilty plea and has been sentenced.
[4] In its amended application dated 29 October 2012, the Crown applied to have admitted at the trial of Messrs Tanginoa, Afeaki and Mafi, evidence of the convictions of Mr Naupoto and Mr Wolfgramm to prove the existence of the conspiracies of which they respectively admitted by their guilty pleas, they were part. The application was opposed by all three accused.
[5] After hearing argument from counsel I dismissed the Crown’s application and
said that my reasons for that decision would follow. These are the reasons.
Factual background
[6] For the purposes of this application the factual background may be briefly summarised. The Crown case is that Mr Naupoto and Mr Tanginoa were victims of a scam by persons in Tonga who claimed they had access to a stockpile of some 400 kilograms of methamphetamine located somewhere in Tonga. The Crown alleges that Messrs Naupoto and Tanginoa entered into a conspiracy to import the methamphetamine into New Zealand; and then to sell it and share the profits. To this end they engaged with Mr Wolfgramm, who in turn arranged with Messrs Afeaki and Mafi to take delivery of the methamphetamine and to sell and distribute it in
New Zealand. Something in excess of NZ$7,000 was transferred in instalments to the Tongan associates. NZ$3,500 of this was provided by Mr Mafi.
[7] When the police in Tonga and New Zealand became aware of…
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