ORDER PROHIBITING PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF C, H, W AND TWO CONNECTED PARTIES PURSUANT TO SS 200 AND 202 OF THE CRIMINAL PROCEDURE ACT 2011 UNTIL HEARING OF APPLICATION(S) FOR PERMANENT NAME SUPPRESSION IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2020-004-806
[2022] NZHC 2540
THE KING v
YIKUN ZHANG, SHIJIA (COLIN) ZHENG, HENGJIA (JOE) ZHENG, C, H, W and JAMI-LEE MATENGA ROSS
Hearing: 26-29 July, 1-5 August, 8-12 August, 15-17 August, 22-26 August,
29-30 August, 1 September, 5-8 September 2022
Appearances:
P Wicks KC, J Dixon KC, K Hogan (via VMR), K Bannister and H Moore-Savage for the Crown
J Katz KC, B A Keown, L Lindsay and N Small for Mr Zhang P Dacre KC and W Andrews for Shijia (Colin) Zheng
R L Thomson and A Young for Hengjia (Joe) Zheng S Lowery and J Suyker for C
M Corlett KC (via VMR) for H
SNB Wimsett and Y Y Mortimer-Wang for W R M Mansfield KC and H C Stuart for Mr Ross
Verdicts
5 October 2022
VERDICTS OF GAULT J
R v ZHANG [2022] NZHC 2540 [5 October 2022]
[1]The purpose of this hearing is to deliver my verdicts in open court.
[2] Following investigations by the Serious Fraud Office (SFO) into political party donations to the National Party and the Labour Party, the Crown alleges that the defendants adopted a fraudulent device, trick, or stratagem to deceive by providing sham names of purported donors below the $15,000 disclosure threshold in the Electoral Act 1993, amounting to an offence of obtaining by deception under s 240(1)(a) of the Crimes Act 1961, as follows:
(a)Mr Yikun Zhang (Mr Zhang), Mr Shijia (Colin) Zheng (Mr Colin Zheng), Mr Hengjia (Joe) Zheng (Mr Joe Zheng), C, H and W1 face two alternative charges of obtaining by deception in relation to a payment of $60,000 to the Labour Party in March 2017 for the purchase of five paintings, which amounted to a donation of $34,840 after deducting the value of the paintings;
(b)Mr Jami-Lee Ross (Mr Ross), Mr Zhang and Mr Colin Zheng face two alternative charges of obtaining by deception in relation to a donation of $100,000 made to the National Party in June 2017; and
(c)Mr Ross, Mr Zhang, Mr Colin Zheng and Mr Joe Zheng face two alternative charges of obtaining by deception in relation to a donation of $100,050 made to the National Party in June 2018.
[3] In each case, the Crown case under s 240(1)(a) is based on obtaining a “benefit”. The alternative charges allege a different benefit – either the Party’s possession of the donation or the true donor’s freedom from public scrutiny.
[4] Mr Joe Zheng also faces a charge of supplying false or misleading information to the SFO under s 45(a) and (d) of the Serious Fraud Office Act 1990 (SFO Act).
1 Where the defendants and others of Chinese origin use anglicised names with surname last,…
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- [2022] NZHC 2540
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CaseChat Overview and Summary
The court found Mr Zhang and Mr Joe Zheng guilty of obtaining by deception in relation to the June 2018 donation to the National Party, but not guilty of other charges. Mr Colin Zheng was found guilty of obtaining by deception in relation to the June 2017 donation to the National Party. Mr Ross was acquitted of all charges. Mr Joe Zheng was also found guilty of supplying false or misleading information to the Serious Fraud Office. The court's reasoning was based on the evidence presented and the legal definitions of the charges. The verdicts resulted in convictions for the guilty defendants and acquittals for the others. The defendants were remanded for sentencing, and interim name suppression orders for certain parties were extended pending the hearing of applications for permanent name suppression.
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