After nearly four years dealing variously in cannabis, methamphetamine,
LSD and Ritalin by Phillip David Wallace, police could find only two assets to
his name: a 2000 Triumph Sprint motorbike and a 2005 Harley-Davidson Road King
custom trike. Both were confiscated as
proceeds of crime over protests of Wallace’s associates who said the assets
were theirs, though registered in Wallace’s name.
Wallace was
jailed for two years and three months in July 2016 after conviction on 19
charges of dealing in breach of the Misuse of Drugs Act. He has a prior conviction from June 2014 for
dealing. Prior to his second conviction,
police seized two motorbikes in Wallace’s possession. The High Court approved confiscation and sale
under the Criminal Proceeds (Recovery) Act.
Wallace
associate Michael Wallace protested, saying the Triumph was his. He was told detailed evidence had to be put
before the High Court to prove his claim.
He did not appear at the hearing.
Wallace’s girlfriend said she had purchased the Harley-Davidson
trike. It was registered in Wallace’s
name, she said, because he held a motorcycle licence and she did not want to be
liable for traffic fines. Her evidence
as to the circumstances of the purchase and the method of payment did not tally
with evidence from the Hokitika vendor.
Her account of how she supposedly purchased the $18,000 Harley-Davidson
trike was not credible, Justice Mander said.
Commissioner of Police v. Wallace – High Court (14.03.18)
18.054
18.054