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Commissioner of Police v Afakasi [2015] NZHC 1303 (10 June 2015)

Last Updated: 19 June 2015


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY



CIV-2012-404-7207 [2015] NZHC 1303

UNDER
The Criminal Proceeds (Recovery) Act
2009
BETWEEN
THE COMMISSIONER OF POLICE Applicant
AND
HENRY AFAKASI First Respondent
ZEBULIN DAVOREN Second Respondent
KAINUI (BEN) KAUKASI Third Respondent
LOIS CARNACHAN Fourth Respondent
VADI TOBIA Fifth Respondent
JORDAN IOANE Sixth Respondent
TINO LAVEA Seventh Respondent
JOHN FETU Eighth Respondent


Hearing:
3 June 2015
Appearances:
T Refoy-Butler for Applicant Commissioner
R Mansfield and N Dobbs for Second Respondent
Judgment:
10 June 2015




JUDGMENT OF WHATA J






THE COMMISSIONER OF POLICE v DAVOREN [2015] NZHC 1303 [10 June 2015]

This judgment was delivered by Justice Whata on

10 June 2015 at 9.30 a.m., pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:






















Solicitors:

Meredith Connell, Crown Solicitors, Auckland

Copy to:

R M Mansfield, Auckland

[1] I have before me a joint memorandum of counsel for the Commissioner and counsel for Mr Davoren (second respondent) regarding a proposed settlement in relation to an application for restraining of forfeiture orders in respect of identified property.

[2] The Commissioner filed affidavits of Christopher Allan, sworn 29 November

2012 and 18 December 2012 in support of the application. A notice of opposition was filed by Mr Davoren, dated 14 February 2013, but no evidence was filed in support.

[3] Some of the property while under the effective control of Mr Davoren was held in other parties’ names and these parties were served, but have subsequently taken no steps in the proceedings.

[4] It was then agreed that the Commissioner would defer his application for forfeiture orders until after conclusion of a related criminal proceeding.

[5] Following trial in 2014, Mr Davoren was convicted of 31 counts including manufacturing methamphetamine, possessing methamphetamine equipment, precursor substances and materials, supplying methamphetamine, offering methamphetamine for supply, conspiring to supply methamphetamine, offering pseudoephedrine for supply, supplying pseudoephedrine, perverting the course of justice and participating in an organised criminal group.

[6] Mr Daveron was sentenced to 18 years and six months’ imprisonment with a

minimum period of imprisonment of 50 per cent.

[7] Mr Daveron and the Commissioner have reached a proposed settlement whereby:

(a) Mr Daveron will abandon his opposition to the Commissioner’s

application for assets forfeiture orders in respect of the property; and

(b) Costs will lie where they fall.

Assessment

[8] Given that there is no dispute that:

(a) The identified assets are the proceeds of crime. (b) Mr Daveron is the owner of the assets.

I am satisfied that it is in the interests of justice that the orders be approved as sought by consent in accordance with s 95 of the Criminal Proceeds (Recovery) Act 2009.

[9] There shall be orders accordingly in terms of the draft asset forfeiture orders provided by counsel in the terms set out as follows:

(a) Assets forfeiture orders pursuant to s 50 of the Act, in particular:

The following property vests in the Crown absolutely and is to be in the

Official Assignee’s custody and control:

(i) 2005 Landrover Range Rover registration EJM189 registered to Sose Meafou, located on 5 November 2012 at

64 Luke Road, Otahuhu, South Auckland (Landrover);

(ii) 1962 Chevrolet Impala registration GGQ362 registered to

Carl James Senkus, located on 2 November 2012 at 182

Wairau Road, Wairau Park, North Shore (Chevrolet

GGQ362);

(iii) 2008 Ford FG XR6 registration ERE416 registered to Tui Hurrell, located on 13 November 2012 at 22 Rountree Place, Takanini, South Auckland (Ford FG XR6);

(iv) 2004 LVVTA BMC 280 Roadbike registration JWHOG

registered to Daniel Ralph Harvey, located on 2 November

2012 at 26 Lovegrove Crescent, Otara, South Auckland

(Roadbike);

(v) 2001 Nissan Skyline GTR registration GKZ360 registered to

Dean Stewart Blake, located on 1 November 2012 at 30

Myers Road, Manurewa, South Auckland (Nissan Skyline);

(vi) 1966 Chevrolet Impala registration GLL336 registered to Sara Rosemary Giles, located on 2 November 2012 at Wairau Road, Wairau Park, North Shore (Chevrolet GLL336);

(vii) 1966 Ford Mustang registration FDC264 previously registered to Marc Colin Clough, located on 2 November

2012 at 182 Wairau Road, Wairau Park, North Shore (Ford

Mustang);

(viii) 2006 Mercedes Benz 55 V8 Kompressor EQJ19 registered to Siaale Taufa Moimoi of 78 Commissariat Road, Mt Wellington, yet to be located (Merecedes);

(ix) $61,240.00 cash seized by police on 1 November 2012 from

30 Myers Road, Manurewa, the home address of Jasmine

Giles, partner of Zebulin Davoren (Myers Road Cash); and

(x) $1,405.00 cash seized by police on 1 November 2012 from

60/68 Mountain Road, Mt Wellington, the home address of Anna Kaukasi, partner of Zebulin Davoren (Mountain Road Cash).

[10] Costs to lie where they fall.


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