Roy Etan, 31, and Itay Senyor, 37, were arrested in February last year.
Two Israeli men who acted as “foot soldiers” in a New Zealand drug-smuggling operation have been granted sentence discounts for the impacts of the October 7, 2023 Hamas attack.
Roy Etan, 31, and Itay Senyor, 37, appeared for sentencing this week in Auckland District Court.
“It was never about the money or the financial gain that the Crown promotes,” their lawyer Ron Mansfield KC said of their offending.
“It was really more the ability to escape the realities of what they were going through.”
The pair had earlier each pleaded guilty to possessing a Class A drug, namely cocaine, for supply.
They sought a 15% sentence reduction for the impact of the October 7 attack and their mental health.
Judge Nevin Dawson said at first glance, it seemed there was little “causative” connection between the terrorist attack and the men choosing to fly halfway around the world and commit this offending.
“I have to say that what happened in Israel that day is appalling. It doesn’t necessarily mean that everyone in Israel went out and committed drug offences in other countries like you chose to do.”
However, having read reports showing the men grew up with ADHD and had PTSD from supporting October 7 survivors, he said the attack went some way to explaining their poor decision-making.
Therefore, he found there was some causative link between the attack and their drug offending, granting them a 10% sentence reduction.
Mansfield had submitted that after October 7, the men were more prepared to take risks.
“They were getting away from the trauma they were experiencing.”
The financial reward the men were also set to receive was minimal, Mansfield said, and they were effectively being used as “foot soldiers”.
The Crown acknowledged the attack would have had a significant impact on the men. However, “the Crown struggles to see a causative link between that and the offending”.
“This was premeditated, planned and sophisticated offending.”
The Crown also submitted the crimes were motivated by financial gain.
Judge Dawson told the court a Chilean flight attendant had brought cocaine concealed in food and cosmetic products into New Zealand on a flight from San Diego.
She left the products at the reception of a hotel in Auckland in February last year.
On February 11, the men arrived in New Zealand from Tel Aviv and gave vague answers about the purpose of their visit when spoken to by Customs.
Senyor and Etan then hired an Airbnb and on February 18 went to the Auckland hotel and picked up the products containing cocaine.
From there, they went to Bunnings in Grey Lynn and purchased items used for the extraction of controlled drugs, including acetone, respirators, measuring jugs, fans and gloves.
The following day, they went to two hardware stores in search of further items for extracting the drug.
Then, while receiving instructions over the phone, they were able to produce about 5kg of cocaine of 85% purity.
Information obtained from Senyor’s phone showed that between February 19 and 20, he discussed selling 1kg of the drug for $145,000.
He was to receive $5000 to $6000 for his involvement in the scheme.
The texts also included the offer of meeting up for a “chat and some strippers”.
But the plot unravelled when police executed a search warrant and arrested the pair.
Judge Dawson said Etan initially claimed he had no prior convictions, but after New Zealand Interpol contacted its Tel Aviv counterparts, it was revealed he had a drug and a conspiracy conviction.
“You were less than frank with the probation officer,” Judge Dawson said.
Senyor had no previous convictions.
Judge Dawson said aggravating features in their offending were the “substantial” amount of cocaine and premeditation.
“You travelled halfway around the world to New Zealand for the purpose of committing this offence, it wasn’t impulsive.
“I denounce your conduct accordingly, it’s totally unacceptable to our community.”
Although both men had pleaded guilty, the remorse they had expressed was very much focused on themselves, the judge said.
“You’re sorry for yourself, you don’t appear to have any sympathy for the people who would be badly affected by these drugs.”
This, Judge Dawson said, did not reflect well on them.
Mitigating factors for the offending were that Senyor had no previous convictions and had been impacted by the death of his friends in the October 7 attack.
It was also submitted that Etan was impacted by the death of friends on October 7 and had been near Gaza at the time.
Judge Dawson said Etan had claimed he did not know about the drug activity before arriving in New Zealand, but he nonetheless chose to be involved.
Judge Dawson set a starting point for Etan of eight years’ imprisonment.
He granted the man a 25% discount for his guilty plea, a 10% discount for his mental health and the Hamas attack, and 5% for his limited remorse and rehabilitation.
After an additional two-month reduction for time spent on electronic bail, he reached a final sentence of four years and eight months’ imprisonment.
Senyor’s starting point was set at 10 years.
Judge Dawson granted a 25% discount for his guilty plea, 5% for previous good character, 10% for mental health and the impact of October 7, and 5% for his limited remorse and rehabilitation.
He was also granted a two-month reduction for his time spent on electronic bail and sentenced to five years and four months’ imprisonment.
Possessing a Class A drug for supply carries a maximum penalty of life imprisonment.
Katie Harris is an Auckland-based journalist who covers issues including sexual assault, workplace misconduct, media, crime and justice. She joined theHeraldin 2020.
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