14 March 2018

Asset Forfeiture: Commissioner of Police v. Wallace

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