Pending SFO Court Cases

 

NOTE:  Nearly all SFO prosecutions are now presented in court by electronic means, using software called “Sanction”. Instead of a large number of documentary exhibits being produced in paper-copy, the main participants (including the jury) are now able to view all the exhibits electronically on 17” flat screens positioned around the court. 

 

 

May – June 2009 Significant Dates

 

6 – 7 May 2009 - Todd Raymond Reinke and Kevin Christopher Whiteside – Application for Costs – see Other Matters number 2.

11 to 29 May 2009 - Philip James Whitley – Depositions Hearing in the Nelson District Court – see Prosecutions number 14.

12 May 2009 – Alan Edwards Wycherley and Keith Ross Mackie – callover in Porirua District Court – see Prosecutions 18.

 

20 May 2009  – Z (name suppressed) – Pre-depositions callover in the North Shore District Court – see Prosecutions number 16.

22 May 2009 – Albert Numanga  - Callover in the Auckland District Court – see Prosecutions number 19.

 

2 June 2009 - Keith Victor Lapham – Callover in the Auckland District Court – see Prosecutions number 17.

 

4 June 2009 - Ross Davidson – Callover in the Christchurch District Court – see Prosecutions number 15.

 

12 June 2009 - Hussein Al-Saffaf – Sentencing in the Auckland District Court – see Prosecutions number 8.

 

Prosecutions

 

1.      X and Y (names suppressed) face charges alleging fraudulent use of a document and money-laundering, and against one accused only, attempting to obstruct the course of justice.  A 2-week trial was adjourned to allow pre-trial hearings relating to the admissibility of evidence. An appeal against those pre-trial rulings will be heard in the Court of Appeal on 27 July 2009.

 

2.      Shane Charles Wenzel and Y (name suppressed) face charges in relation to alleged mortgage fraud.  They have been committed for trial in the Manukau District Court.  A 10-week judge alone trial has been re-scheduled to begin on 10 August 2009.

 

3.      “X”, together with Alistair Richard Arnott and Geoffrey Alan Thompson conceded a prima facie case at a depositions hearing in November 2007 and have been committed for trial on conspiracy charges alleging fraudulent use of gaming machine proceeds. A 6-week trial has been scheduled to begin on 6 July 2009.

Brent Trevor Todd and Stanley Malik Champalal Wijeyaratne pleaded guilty to all counts prior to the depositions hearing and were sentenced in the Auckland District Court on 7 December 2007.

Douglas Leslie Rollerson pleaded guilty to two counts pursuant to the Secret Commissions Act and was convicted and discharged without a sentence in the Auckland High Court on 11 February 2009. Hugh Joseph McGahan pleaded guilty and was convicted and sentenced to 275 hours community work in the Auckland District Court on 5 May 2009.

 

4.     Stephen D’Villiers, Boni Roy and Jennifer Lacurtz face charges alleging property fraud.  All three have been committed for trial, listed for 6 weeks from 6 July 2009 at the Manukau District Court.

           

5.     Douglas Joseph Whipp and Dorothy Penhalluriack face retrial on charges alleging the dishonest use of a document in the Dunedin District Court.  An application to stay the trial failed, but a trial date has not yet been set.

 

6.      Michael Andrew Swann and Kerry Gray Harford have been found

guilty at the conclusion of a 3 week jury trial at the High Court in Dunedin of defrauding the Otago District Health Board over a period of 6 years. Michael Swann was sentenced to 9 years and 6 months imprisonment and Kerry Harford was sentenced to 4 years and 3 months imprisonment.

 

8.      Michael Andrew Swann and Robin Sew Hoy face charges alleging the

taking and giving of secret commissions.  They conceded a prima facie case at a depositions hearing in November 2007 at the Dunedin District Court. The matter is now proceeding to trial in the High Court. A trial fixture is scheduled to begin on the 28th of September 2009.

 

9.      Hussein Al-Saffaf faces charges alleging property fraud in the Auckland District Court.  A prima facie case was conceded at a depositions hearing in December 2008.  A sentencing hearing is scheduled to take place on 12 June 2009 in the Auckland District Court.

 

10. Peter Justin Hitchinson has been committed for trial on 7 theft charges, relating to client funds received during his operation of a foreign exchange trading business in Whangarei. The trial is set down for 2 weeks from 28 September 2009.

 

11. George Socrates Mamfredos will, following committal for trial, appear on 31 July 2009 in the District Court at Manukau on an indictment containing six counts of dishonesty and one of attempting to pervert the course of justice. Pre-trial hearings (video link and hearsay applications) to be heard on 31 July 2009. Proceeding to two week trial on 14 September 2009 at Manukau District Court.

 

12. Selwyn Love has been charged in the Hamilton District Court on 13 counts of using a document with intent to defraud/dishonestly using a document in relation to allegedly inflated annual salaries and bonuses. He was committed for trial on all counts. A 2-week trial fixture has been set down from 27 October 2009 at the Hamilton District Court.

 

13. B, B, M and C (names suppressed) face charges in respect of alleged conspiracies to dishonestly use documents in respect of a gaming machine trust. A 2-week depositions hearing is set down for 21 September 2009 at Auckland District Court.

 

14. Y (name suppressed) is charged with bribing a Work and Income New Zealand official. A prima facie case was conceded at a depositions hearing in March 2009. A s.347 application will be heard in the Auckland High Court on 13 August 2009.

 

15. Philip James Whitley has been charged in the Nelson District Court with two charges of allegedly making false statements when promoting the sale of shares in an US based company. The depositions hearing will take place from 11 to 29 May 2009 at the Nelson District Court.

 

16. Ross Davidson was arrested in Christchurch on 22 September 2008 on charges of using a document dishonestly and conspiracy with another to use documents dishonestly. An application for the extradition of his alleged co-offender from Australia is under way. The offences relate to the use of false invoices to obtain pecuniary advantages from a factoring agency. The next appearance is on 4 June 2009.

 

17. Z (interim name suppression) has been charged in the North Shore District Court with six charges of using documents with intent to defraud. A pre-depositions hearing will take place on 20 May 2009. The High Court has reserved its decision on the appeal in relation to continued name suppression.

 

18. Keith Victor Lapham has been charged in the Auckland District Court with three charges of allegedly obtaining by deception. A pre-depositions hearing will take place on 2 June 2009.

 

19. Keith Ross Mackie and Alan Edwards Wycherley appeared in the District Court at Porirua on 7 November 2008 on charges of conspiracy to use documents dishonestly. A pre-depositions callover will take place on 12 May 2009 at the District Court at Porirua.

 

19.    Albert Numanga appeared in the Auckland District Court on 12 December 2008 on charges of false accounting, theft of proceeds subject to a direction, and theft by a person in a special relationship.  The next callover of this case will be on 22 May 2009.

 

 

SFO Act Prosecutions

 

  1. Shane Charles Wenzel also faces one charge under section 45 of the SFO Act for failing to produce documents as required pursuant to section 9 of the SFO Act. The charge will be heard with the others he faces – see Prosecution 2 above.

 

 

Other Matters

 

1.                  Malcolm James Beattie, Wayne Porter and Peter John Pharo were acquitted of charges alleging fraudulent use of gaming machine proceeds.  They have applied for costs.  A date to hear the matter has yet to be set in the Auckland High Court.

 

2.                  Todd Raymond Reinke and Kevin Christopher Whiteside were acquitted / discharged in the Christchurch District Court in respect of an alleged property fraud.  They have sought costs.  The matter has heard in the Christchurch District Court on 6 and 7 May. The Court reserved its decision.