Pubdate: Thu, 27 Apr 2006 Source: Gisborne Herald (New Zealand) Copyright: 2006 The Gisborne Herald Co. Ltd Contact: http://www.gisborneherald.co.nz/home.htm Details: http://www.mapinc.org/media/924 Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) SEVEN JAILED IN SEQUEL TO DRUG SWOOP Jail terms ranging up to more than three years were imposed on seven men when they appeared for sentence on charges resulting from the major 2004 police drug swoop, Operation Pod. Two of the men's sentences were deferred by Justice Harrison in the High Court so they could apply for home detention. Paul William Clare, 38, driver, was sentenced to three years and two months in prison. He was found guilty by a jury of charges of conspiring to sell cannabis and cultivating cannabis, possession of cannabis, possession of equipment for cultivating cannabis, and unlawful possession of a firearm. Clare had denied the charges. Justice Harrison said Clare started a pattern of substance abuse from an early age and in recent years he had used methamphetamine on a regular basis. However, he did not plead guilty to any of the charges, nor did he express any remorse. The judge said his refusal to admit guilt meant he would not get the assistance he needed for his drug dependency. Justice Harrison did not accept submissions from counsel Mark Sceats that Clare was on the periphery of the offending and played a minimal role. Jon Jacob Stuart, 26, crayfisherman, was sentenced to two and a half years jail. He had pleaded guilty to charges of conspiring to supply cannabis and cultivating cannabis, possession of cannabis for sale to persons aged over 18 and possession of explosives. Counsel Tony Snell said a portion of the cannabis was for Stuart's own use, while he had also bartered with the drug. Justice Harrison said he was satisfied Stuart was in a joint operation with his stepfather Paul Clare. Together the pair had created a sophisticated cannabis operation, complete with hidden rooms, and had produced a high yield of cannabis. The judge said he hoped a term of imprisonment would act as a "wake-up call" for Stuart and would assist with his drug rehabilitation. The prison sentence also took into account two other charges of driving with excess breath-alcohol for the third or subsequent time (860mcg) and a breach of bail. Hikurangi Gray, 47, unemployed, was sentenced to two years and three months in prison after pleading guilty to conspiring to supply methamphetamine. Counsel John Mathieson suggested Gray's involvement was less than his co-offenders. There was no evidence to suggest a drug dealing meeting between Gray and another offender had ever taken place. While he wanted to impose a sentence that would assist Gray's drug abuse, Justice Harrison said this was a problem Gray was not willing to address. Robert Charles Kaiwai, 32, unemployed, was sentenced to two years and three months in prison after pleading guilty to charges of conspiracy to sell cannabis and to supply ecstasy. Counsel William Calver said a notable feature of the case was that although the offenders were recorded talking extensively about their deals, they took very little action. "When push came to shove there was very little evidence of actual dealing." At one point Kaiwai was in possession of 100 ecstasy pills but any profit made was to fund his own drug habit. Kaiwai had a motivation to turn over a new leaf and adopt a family-orientated lifestyle, Mr Calver said. Justice Harrison accepted Kaiwai had a genuine desire to sever his gang affiliations and enter rehabilitation for his drug problems. The jail sentence also took into account two charges of driving while disqualified. Gerald Mount Hamilton Newman, 42, unemployed, was sentenced to two years and three months in prison after pleading guilty to conspiracy to supply methamphetamine, cannabis and ecstasy. Counsel David Sharp said Newman had suffered several head injuries in the past that left him vulnerable and, as a means to remedy these problems, he had turned to illicit drugs. Newman was a victim and had got involved with dealing to finance his drug use, Mr Sharpe said. The judge accepted Newman was vulnerable but said this was no excuse for his offending. His sentence also covered charges of intentional damage and breach of a protection order. Grant Wilson Collins, 42, solo parent, was sentenced to one year and nine months in prison, with leave to apply for home detention, and his sentence deferred in order to do so. He had previously pleaded guilty to supplying methamphetamine. The judge deferred Collins' sentence for two months while his application for home detention went before the parole board. Council David Sharp said drugs had been a problem for Collins throughout his life but he was now fully prepared to seek professional help. Collins became involved in supplying drugs to pay for his own habit but since his arrest he had made a commitment to stay drug-free. Justice Harrison said Collins would never be able to fully change unless he got outside help to treat his addiction. In granting him leave to apply for home detention, the judge said he had done so because of Collins' genuine motivation to seek rehabilitation. Matthew Robert Poi, 39, was sentenced to two years in prison, with leave to apply for home detention, and his sentence was deferred in order to do so. He had pleaded guilty to conspiring to supply and possession of methamphetamine and conspiring to supply cannabis. Counsel Ray Hovell said that after overcoming a drug addiction, Poi was drawn back into drugs when a business venture had failed. Poi did not have the trappings of a lavish lifestyle as a result of income from drugs and his involvement was purely for his own use. Poi was genuinely remorseful and motivated to address his drug addictions. Justice Harrison said although Poi was distraught after his business venture failed, it was no excuse for his offending. The judge took into account Poi's early guilty plea, personal circumstances, and desire to seek rehabilitation. - --- MAP posted-by: Jay Bergstrom