Crown's drug case witness gets community service on supply charge

A key Crown witness in the failed prosecution of an Auckland heart surgeon charged with supplying drugs used to make methamphetamine was yesterday sentenced on similar charges.

Stephen Tree, 39, of Auckland - a former business manager at pharmaceutical firm Anspec - appeared before Judge Russell Callender in Auckland District Court on five charges of possession of precursor substances with intent.

He had entered guilty pleas at an earlier hearing.

Tree had been approached by police in August 2004 and asked to help in an investigation of Auckland heart surgeon Xiao-Zhong Chen, whom police believed was supplying pseudoephedrine, a crucial ingredient in the manufacture of methamphetamine - the drug group that includes P.

He took part in "controlled purchase" sting operations against Mr Chen, the court was told.

Chen was subsequently arrested, and Tree called to give prosecution evidence at his trial.

The 55-year-old doctor was eventually found not guilty, last month.

Tree's offending had begun a few months earlier, in May 2004, when he ordered 24 packets of Sudafed decongestants from Enzed Exports, each packet containing 30 capsules.

He ordered another 36 packets the following month.

He ordered 96 more 30-capsule packets in August, and another 10,260 capsules in September. Tree paid $2500 for the tablets.

Between September 21 and October 9, 2004, Tree ordered a further 144 packets (3240 tablets) from Pharmacy Wholesalers.

He prepared an invoice for the capsules in the name of Coastal Pharmacy, in Fiji, but the postal address was later traced to an Auckland post office box belonging to Tree.

When questioned by police about the Fiji shipment, he said he had put his own post box by mistake. He could not produce documentation confirming exportation of the drugs.

A packet of Sudafed can sell on the black market for up to $120.

Tree received a total of 684 packets, worth up to $82,080.

Tree's counsel, Stuart Grieve, said his client realised what he was doing was "stupid", and disposed of the pills. He gave back about $2000 he had been paid for the tablets, and resigned from Anspec.

Judge Callender, in passing sentence, said Tree's offending was at the lower end of the scale, and there were "a lot of positives" in his pre-sentence report and sentenced him to 100 hours' community work.