Convicted of fraud after customers lost $650,000 paid for manuka honey and infant milk formula not delivered, dairy scientist Trevor James Lock’s claim that he did not get a fair trial was dismissed by the Court of Appeal. Evidence of fraud was incontrovertible said the court; Lock should instead have pleaded guilty allowing the possibility of a reduced sentence, the court said.
Lock was convicted in 2017 on multiple charges arising from the operation of his Morrinsville-based companies: Nubiotics Ltd and Nu-Brands Ltd. Customers paying deposits on orders for honey and milk powder were strung along when deliveries were not made. The trial judge was told Lock, then under financial pressure, diverted company funds to his own use. He then lost money in an advance fee fraud, attempting to borrow funds offshore.
Lock complained that his lawyer failed to follow instructions at trial, prejudicing his chance of an acquittal. Lock said he had no intent to defraud and his lawyer did not put that as a defence. His lawyer said that defence was not possible; Lock had told him how he actively deceived customers. The only possible defence was a technical legal defence, a defence which proved unsuccessful.
The Court of Appeal was told Serious Fraud Office prosecutors were surprised Lock did not approach them with an offer to plead guilty, given how strong was the evidence. A reduction in sentence is the norm when accused plead guilty.
Lock is serving a sentence of five and a half years imprisonment.
Lock v. R. – Court of Appeal (2.10.19)
19.175