Changes in charges allowed at brothel hearing
A judge has allowed changes to the charges against a Christchurch woman with the prosecution now alleging she “permitted” a Phillipstown property to be used as a brothel.
The change was sought by prosecutor Kelvin Reid as the hearing against Fan Jiang resumed in the Christchurch District Court on charges of contravening the Christchurch City Council Plan by operating a business without a resource consent, and operating a brothel outside the permitted area specified by the council’s bylaw.
After defence evidence began before Judge Craig Thompson on Wednesday, Jiang said she was the landlord but the property had been leased to a woman from Thailand. A tenancy agreement was produced in court.
Jiang said the woman had leased the property from July 2013 until after the search by Christchurch City Council officials in April 2014 which led to the council prosecution.
Mr Reid asked for the judge to allow what he termed a “minor, technical amendment” to refer her having “used or permitted the use of land” in a manner which contravened the City Plan.
Defence counsel Christopher Persson objected to the change saying it was being sought late in the trial and was highly prejudicial to the defence.
Judge Thompson ruled that the amendments could not possibly come as a surprise to Jiang, given her evidence, that there would be an assertion that she permitted the various activities that were alleged to have occurred at the property.
Her evidence was that she knew the activities were occurring, and she was in a position to take some action to stop them, and she failed to do so.
Mr Persson was then granted a short adjournment before Jiang continued her evidence.
She referred to an email to an official stating that the property in England Street, Phillipstown, was her property but she was not working there and had rented it out. She wrote: “The girls know the rules and tell me they are not breaking the laws.”
Afternoon update: Cross-examined by the prosecutor, Jiang said she did not know about $50,000 found by police on the premises. Mr Reid put it to her that it was earnings from the brothel operation. She replied: “Do you think so?” She had earlier said the money had belonged to her son and his wife.
She said she was only a landlord and didn’t operate a business there. She did not know what a dropbox at the property was for until later in 2014. The girls stored documents and cash in it.
Mr Reid put to her that payslips found during the search of the premises indicated that she and her husband had been receiving a substantial portion of the income from the sex work being carried out at the premises.
Jiang replied: “It is none of my business.”
Mr Reid said payslips had been found for $160. Jiang explained that they showed that $110 went to the girl and $50 to run the brothel for internet, cleaning, power, advertising and food.
The hearing is continuing.
Category: Focus
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