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Bevan Read / Stuff
North Shore District Court where one of the defendants appeared on Wednesday
One of the two men who allegedly fraudulently deposited more than $ 740,000 into an NZ First Foundation account has denied the charge and has chosen a jury trial.
But the man, who has the temporary name removal, told the North Shore District Court Wednesday that he had not had enough time to prepare his affidavits on the ongoing name removal issue.
The Serious Fraud Office (SFO) filed charges against the duo in September following an investigation launched by Stuff and RNZ reports on the foundation.
The man said it was “abject nonsense” to suggest that he had had enough time to prepare to argue for the continued removal of the name due to multiple court hearings.
READ MORE:
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* The couple accused in the NZ First Foundation case continue to keep their identities secret
* Election 2020: New Zealand’s first leader Winston Peters relies on vote ‘surge’
* NZ First Foundation Giving Scandal: Appeal Filed Over Duo Name Suppression
STUFF
NZ First leader Winston Peters answers questions after his party criticized the Serious Fraud Office for its investigation into the New Zealand First Foundation. (Video first published on October 14, 2020).
He said it had been the “target” of media advertising.
“The SFO published a press release and they let the media attack me.”
OFS attorney John Dixon QC objected to an extended postponement and said that if that happened, the name removal hearing would not continue until next year.
Attorney Robert Stewart represented the media, including Stuff, and argued that the name suppression should be heard on Thursday, as it was the second appearance.
He said the man had already filed a folder full of affidavits and that if he needed to file more, he had until Thursday.
Judge Allan Roberts said that would be “going tough” on the rights of man.
The judge said he would accept the man’s statement at the hearing, meaning the man would not need to appear Thursday.
The man has been placed in custody on bail and must reside at his North Shore address.
He must return to court in November.
The second defendant is due to appear in court on Thursday.
The media sought to name the couple before the elections, arguing that the public had a right to know who had been charged before casting their votes.
The judge then said that publishing the duo’s names could “unfairly destabilize” people who had already voted and could lead to one of the defendants being “unfairly vilified.”
On appeal in the High Court, Judge Pheroze Jagose upheld the decision and said the duo would face extreme difficulties if appointed before the elections.
An urgent request for the Court of Appeal to hear the case was rejected.
The president of the Court of Appeals, Judge Stephen Kos, said he was not satisfied that an appeal should be heard so soon after the initial decisions.
“The primary interests that require consideration here are those of the defendants to obtain a fair trial. Attempting to fit the hearing in the very limited time available during the next 24 hours will cause actual and potential significant harm to the defendants. “
The charges
Collection documents obtained by Stuff allege that the couple, between September 30, 2015, and February 14, 2020, deposited a total of $ 746,881 into two separate accounts, including that of the First New Zealand Foundation.
The Serious Fraud Office alleges that the couple adopted a “fraudulent device, trick or ploy” and donations for the party were entered into bank accounts of a company and the foundation without declaring them to the party secretary and / or the Election Commission.
The undeclared funds were then used to pay for party expenses and develop a fundraising database, the documents allege.
None of the accused was a minister, sitting deputy or candidate prior to the 2020 elections. They were also not a current member of the NZ First Party or staff.
The couple faces a maximum of seven years in prison if convicted.
