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Home / New Zealand

Fraud cases take longest to get to trial in court

Natalie Akoorie
By Natalie Akoorie, Natalie Akoorie and Belinda Feek
Local Democracy Editor·NZ Herald·
9 Jan, 2017 04:00 PM5 mins to read

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Fraud cases are taking years to get to trial prompting complaints from alleged victims who say the emotional toll is high. Photo / File.

Fraud cases are taking years to get to trial prompting complaints from alleged victims who say the emotional toll is high. Photo / File.

Fraud cases are being delayed so long through the courts that some complainants are waiting years to see defendants go to trial.

The complainants, who say the delays are dragging out the emotional and financial cost of being caught up in a fraud, have questioned the Ministry of Justice, Members of Parliament and police over the issue.

The Herald understands the complexity of fraud cases including the number of witnesses and intricate financial records contributes to the length of time a case can take before it goes to trial.

In the Hamilton District Court at least three fraud cases, one dating back almost four years, still languish in the system with trials regularly postponed.

Matthew John Young first appeared on fraud charges in February 2013, but his latest trial date is currently set down for February 2017.

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The 44-year-old is alleged to have racked up bills totalling $350,000 in Waikato and Auckland for unpaid rent, telephone and power, as well as unpaid bills for work carried out at bars.

The Herald was only allowed to name Young in April 2016 after he battled for almost three years to keep his identity suppressed, taking applications and appeals through the District Court, High Court, Court of Appeal, and Supreme Court.

A trial date in April this year was moved to next February when he faces 21 charges relating to fraud, theft and bankruptcy relating to 16 victims between 2011 and 2014.

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A witness in Young's case said she had waited almost five years for it to go to trial.

"It would be nice to move on with my life."

Another witness said she was dismayed at the number of delays and adjournments.

"But I'm not letting it go because I've come this far and now would be an easy time to go 'oh stuff it' but I'm not.

"There's a few of us like that, but we're really looking forward to February. We just hope it doesn't get postponed again."

Todd Williams, a witness in another fraud case, is also frustrated by court delays.

He has been waiting for Matamata man Brian Jeffrey Duffell to go on trial at Hamilton District Court for allegedly defrauding software investors of more than $400,000, since 12 charges were first laid in September 2014.

Duffell, 55, was supposed to begin a three week trial in the Hamilton District Court in February 2016, but that date was vacated when Duffell's lawyer, Philip Morgan QC withdrew from the case.

Duffell was granted more time to find a new lawyer and a second trial date was set for June and July 2016.

However that date was also adjourned when Duffell's new lawyer was granted more time to get up to speed with the case, which involves eight complainants. A third date is now set for April, 2017.

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Williams, who made a complaint to police against Duffell in September 2013, said he was frustrated that the delays in the court system could allow potential criminals to continue offending.

The sentiment was echoed by Labour courts spokeswoman Louisa Wall who said the process meant defendants could continue offending while on bail.

Convicted fraudster Michael Richard Smith, who also used the surnames Levertoff, Weaver and Fresnell, did exactly that.

After changing his name for the fourth time, and while on bail awaiting trial last year, Smith set up two new companies including one that offered retirement planning for the elderly.

He then wracked up more than $20,000 worth of advertising with NZME, publisher of the Herald, to promote the business, and did not pay the bill.

A Ministry of Justice spokesman said factors beyond the court's control affected the time it takes for cases to reach a conclusion.

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These included multiple defendants or charges, defendants not turning up to court, changes in and availability of counsel, availability of witnesses such as those providing specialist scientific and forensic advice, and the need to resolve complex legal issues first including high court appeals.

The Criminal Procedure Act 2011 was designed to speed up criminal cases to avoid unnecessary delays and largely came into effect in July 2013, at the same time as the Ministry began work to significantly reduce the time it takes to deliver court services.

"Since then there has been an overall reduction in the time it takes to deal with cases of about 25 per cent in areas where large numbers of New Zealanders interact with the court system," the spokesman said.

This included category one criminal cases, High Court civil appeals and the specialist courts and tribunals.

"This reduction has been achieved by centralising administrative processes, smarter scheduling of cases and focusing on the disposal of the oldest cases in the system."

The longest case to be finalised at trial last year took five years in the Christchurch District Court.

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The second longest was also in the Christchurch District Court at 4 1/2 years, and the third was in the Wellington District Court at four years.

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