September 14, 2012

Farmer's arrest was 'stuff of nightmares', trial told

By David Clarkson

Prosecution of a 64-year-old farmer was ?the stuff of nightmares? with the police accusation that he had provided the finance for a large scale methamphetamine conspiracy, defence counsel Jonathan Eaton told the Operation Granite trial.

But he said the defence was that although he provided a loan, John Douglas McKenzie did not know of the conspiracy and took no part in it. The case against him was weak and unsubstantiated and was founded on speculation and supposition.

Eaton was the first of the defence counsel to present closing addresses to the jury in the High Court at Christchurch beginning on the 20th day of the drugs conspiracy trial involving five accused. Three addresses were completed yesterday and two more will be heard today. Justice Christian Whata will sum up for the jury on Monday.

McKenzie, who lives on a farm at Clarkville, near Kaiapoi, and is involved in horse racing, is charged with being a part of the drugs conspiracy.

Eaton said McKenzie had loaned $180,000 at a high interest rate to 29-year-old Matthew Allen Newton, who is on trial as the main player in the drugs conspiracy.

The Crown alleged McKenzie was a knowing and willing financier for the drug business, but Eaton said he did not know what the money was for and he had fully documented the loan agreement ? a document that the police had taken and used as an exhibit in the trial.

He said the Crown had not assessed the interest rate, which was 80 percent over four months. This rate was actually lower than the interest rate on a short-term loan McKenzie had provided to a finance company.

Mark Callaghan, counsel for Rongjun Situ, 36, said the Crown relied on evidence that was recorded, and on observations, but these did not show the agreement necessary for a conspiracy. The evidence from police witnesses was unreliable because of errors and corrections shown in their notebooks.

For Adam John Miles, a 40-year-old labourer, defence counsel Rupert Glover said there was no proof in the Crown case of who actually sent text messages attributed to Miles, and the messages did not disclose any conspiracy. The evidence against him was thin, on charges of taking part in the conspiracy, manufacturing methamphetamine and possessing the necessary chemicals and equipment.

It was clear that someone had manufactured methamphetamine at a particular address, but the Crown had not proved that it was Miles nor the dates when the manufacture took place. The conspiracy charge referred to a six-week period from the end of April 2010.