Kidnap conspirators jailed for seven and five years

11.15am

UPDATE - Kidnap conspirators John Burrett and Matthew Payne were jailed for seven and five years respectively in the High Court at Wellington today.

Burrett, 53, was jailed for seven years for conspiring to kidnap with intent to confine and two years for possession of a sawn-off shotgun. The sentences were to be served concurrently and have a non-parole period of 4-1/2 years.

Payne, 22, was jailed for five years and two years respectively on the same charges, also to be served concurrently. He has a non-parole period of 3-1/2 years.

On Friday, Burrett, an Upper Hutt barrister who represented himself, and his nephew Payne, were found guilty of plotting to kidnap Wellington businessman Bill Trotter in July last year.

Burrett's stepson, Simon Jonathon Phillpott, had earlier pleaded guilty to the charges Burrett and Payne faced.

He was sentenced in March to 2-1/2 years' jail because he played a lesser role.

In sentencing Burrett, Justice Hammond said he was the "ring leader" of the plan.

"The plan was an audacious one."

Burrett's "sheer nastiness" was emphasised by police recordings of conversations between himself and Payne about the kidnap plan.

"Those tapes are utterly damning evidence against you."

Justice Hammond said Burrett had derided co-conspirators Payne and Phillpott into taking part.

"You are a highly manipulative person... you are oblivious to the results of your actions on those around you. There should be no doubt who the central villain in this case is."

Justice Hammond said some members of the community might find this sentence light but he was constrained by law and could not impose cumulative sentences for the charges. Seven years is the maximum jail sentence that can be imposed for such a conspiracy charge.

Justice Hammond told Payne that his part in the conspiracy had been well documented and it was a shame for a man in his early 20s with no prior convictions to be involved.

"You built the bunker, you were fully implicated in the plan, you went to the gardens, and you were carrying the gun."

Earlier, Burrett apologised for his actions.

"I apologise for any distress I caused Mr Trotter and his family and the distress I've caused my own family, in particular my wife."

He said no matter what sentence was imposed, his life had been changed forever.

"There is absolutely no chance I will ever re-offend. This last year has been a constant nightmare and struggle."

Payne's lawyer, Noel Sainsbury, asked Justice Hammond to take into account his client's age and lack of previous convictions.

He argued there was doubt that the conspiracy was at the top range of offending therefore requiring a maximum term of seven years.

Mr Sainsbury said Payne now faced deportation back to England once he had served his sentence.

Outside the courts, inquiry head retired Detective Inspector Norm Cook said he was pleased with the sentence.

Justice Hammond had raised interesting points about the constraint on him with regards to sentencing. The trial had been unlike any other he had been involved with.

"There was certainly a number of police resources tied up in this case. A number of police officers were tied up in the court when they needn't have been."

The trial has prompted widespread debate about the freedom of defendants to represent themselves in court.

Justice Hammond said in his summing up to the jury last week that he would be talking to "the relevant authorities" about a possible review of self-representation.

He said Burrett had hugely and unnecessarily protracted the trial, which was originally scheduled to last about a month but took seven weeks.

The case was unique not only for Burrett's protracted and eccentric defence, but also Mr Trotter's intended prison being a buried bunker at a council reserve north of Upper Hutt . Burrett and Payne said they were just playing an elaborate game.

Mr Trotter had fought and lost his own court case to keep his identity secret. Eventually, the Court of Appeal ruled against his name suppression.

- NZPA