Passport scam accused offers $100k to Haiti

Gerrard Otimi in court in April. Photo / Greg Bowker

A man accused of running a passport scam is offering a $100,000 donation to the people of Haiti if charges against him are dropped.

Gerard Otimi is now facing 56 charges of altering a document to cause loss.

He told the district court in Manukau today that he was prepared to make a $100,000 donation to the victims of Haiti's January earthquake if police returned his confiscated money from the passport scam, believed to be about $51,000.

The trial is scheduled to go ahead despite the offer.

Outside court, Crown prosecuter Ross Burns said the offer "is not something the Crown would take into account when determining if proceedings would continue or not".

Earlier, Otimi, who was representing himself, told the court that it did not have jurisdiction to hear the case as Maori had retained their sovereignty under the 1835 Declaration of Independence.

He described the Treaty of Waitangi as an immigration document that allowed white settlers to come to New Zealand.

Otimi said it had now been over a year since police laid
charges and "nothing has happened".

"Nothing has happened at the last five hearings. In actual fact, it has become embarrassing - not to us but the whole country - as far as Maori are concerned."

Today's hearing was to decide whether a jury and a judge should hear his case or a judge alone.

Mr Burns said due to the length of the case, the Crown believed it should be heard by a judge alone.

During today's hearing, the gallery was packed with Otimi's supporters. Judge Gus Andree-Wiltens invited them to sit in the jury box.

Mr Burns joked: "Kia ora everybody. Yet again, I am outnumbered by Mr Otimi's whanau."

Judge Andree-Wiltens said Otimi's donation could not be considered by him unless the Crown wished to drop charges or Otimi pleaded guilty, neither of which happened today.

Otimi conceded that he had stamped the passports of illegal immigrants in order to help them out of a tough situation.

"It wasn't about funds, or money, or financial gains," he said. "Sure, I stamped the passports but I didn't alter it because then you wouldn't be able to use it - but they are still being used."

He told the judge to look at the New Zealand Coat of Arms, which hung at the front of the court and includes a British woman and a Maori warrior.

"That's the person I represent," he said, pointing to the warrior. "You are on the other side. We represent the two powers in New Zealand."

Both Otimi and Mr Burns acknowledged that many of their witnesses had been deported since charges were laid by police midway through last year.

"There's been a lot of damage done to me, my family and my hapu," said Otimi.

He said the trial could take two years and would be a waste of taxpayer money.

Judge Andree-Wiltens acknowledged that both he and Mr Burns were going grey and that Otimi was a "distinguished silver".

He "pencilled" in a date for trial for next February.

Judge Andree-Wiltens reserved his decision on whether or not Otimi would face trial by jury or judge alone.

Mr Burns said the trial could take as long as two months, with 60 to 70 witnesses called by both the Crown and Otimi. Many would need translators and Otimi has asked that proceedings take place in Te Reo Maori and English.