30 November 2018

Asset Forfeiture: Commissioner of Police v. Harris

Land, vehicles and farm equipment valued at $263,800 were seized from Brent Craig Harris as proceeds of crime.
Harris was arrested in September 2018, driving a stolen Toyota Hilux.  He has 23 convictions for receiving since 2007.  Police allege he was part of a methamphetamine ring.  Justice Clark ordered forfeiture of assets in his possession under the Criminal Proceeds (Recovery) Act saying on the balance of probabilities Harris has been involved in significant criminal activity as evidenced by unexplained levels of wealth given his declared income for the three years prior to arrest.  Total legitimate funds Harris and his partner Jamie Lee Reader had access to during this period was some $28,000.
The High Court was told of police intercepting text messages between Harris and Ms Reader in which Harris offered to buy her a house or motorhome and further text messages in which he accused her of stealing cash and drugs from him.  Harris’ house at Matokitoki Valley Road, near Gisborne, was destroyed by fire in suspicious circumstances.  Equipment and chemicals used for cooking meth were found at the site together with traces of methamphetamine.  A person using a vehicle in Harris’ possession had been seen in Opotiki buying equipment that can be used for cooking meth.   Police had linked Harris to a property in Te Waiti Road, near Opotiki, where a drug search uncovered methamphetamine, cannabis and cash. Texts from Harris to occupants of Te Waiti Road indicated he was imposing a ‘tax’ as compensation for what police had seized.
Justice Clark ordered seizure and sale of 2.55 hectares of land at 354 Matokitiki Valley Road, Gisborne, along with: a Ford utility and Toyota Hilux; a Honda trail bike; three quad bikes; generators and $6500 cash.  Harris did not contest the forfeiture order.
Commissioner of Police v. Harris – High Court (30.11.18)
19.015