'Driven' manager to blame says lawyer

Jason Dark - the former Fruitfed branch manager whose body was found in the Waikato River in 2002 - was charismatic and well regarded, but ultimately manipulative and dishonest, the High Court at Auckland heard yesterday.

It was one point agreed to by lawyers on both sides of PGG Wrightson's civil case against two Pukekohe market gardeners.

The Fruitfed owner is suing Wai Shing and Hira Bhana for about $2 million on the grounds that they knowingly accepted goods that had been underpriced by Dark.

However, Wai Shing defence lawyer Graham Kohler said Fruitfed was grossly negligent in entrusting control of the branch to Dark.

Both sides concluded their summing up yesterday, although Justice Patrick Keane is not expected to deliver a decision for several weeks.

PGG Wrightson lawyer Kit Toogood, QC, argued that the defendants were experienced market gardeners who should have been aware the deals they were getting were below cost.

The defence said the gardeners were no more likely to know the profit margins on the goods they bought than any consumer would know about the goods and services they regularly purchased.

The discounts averaged about 30 per cent.

Toogood also alleged there was a scheme of arrangement between Dark and the defendants which enabled the extent of the underpricing to be concealed from Fruitfed's head office.

Hira Bhana lawyer Noel Ingram, QC, described "the conspiracy" argument as implausible.

"This was not manipulation involving some scheme embarked on by Mr Hira Bhana," he said. It was a scheme devised by Dark who was "driven by some sort of need to be seen to be successful within the company".

Dark's body was found in the Waikato River on December 3, 2002 - the day after he had been due to answer inquiries about inconsistencies in his invoicing.

Both defendants deny they owe any money to PGG Wrightson.

Kohler said there was no doubt Dark had authority to negotiate contracts on behalf of Fruitfed. It had been negligent in failing to ensure there were independent checks.

Ingram argued that if it was good enough for Fruitfed to put that much faith in Dark, then "why shouldn't my client have trusted him?"

Common to all the witnesses was that Dark was unusually persuasive - a man with an explanation for anything.