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Home / New Zealand

Pair use stranger's death for fake compassionate bail ploy to get out of jail for a day

Melissa Nightingale
By Melissa Nightingale
Senior Reporter, NZ Herald - Wellington·NZ Herald·
20 Sep, 2022 03:48 AM4 mins to read

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The woman was a 'lifelong friend' of her co-defendant and they planned to spend the day together when he got out on bail. Photo / File

The woman was a 'lifelong friend' of her co-defendant and they planned to spend the day together when he got out on bail. Photo / File

A woman who helped use a stranger's death in a ploy to get her friend out of prison on compassionate bail has escaped conviction.

The subterfuge was uncovered on the day of the stranger's funeral when a police officer called the grieving family to confirm they knew the offending pair.

The woman, 26, appeared in the Wellington District Court this afternoon having earlier pleaded guilty to attempting to pervert the course of justice and conspiring to pervert the course of justice.

The woman, who has permanent name suppression, was a "lifelong friend" of her co-offender, the summary of facts said.

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He was in jail on remand in September last year and had been in contact with her by phone while in custody.

In March this year, the woman found a death notice, published in the Hawke's Bay Today, and provided the details of the notice to her friend in jail.

Together, the pair planned to have the man's lawyer apply for him to be released on compassionate bail to attend the memorial service.

If released, they planned to spend the day together and visit associates, as well as visit a local gang address, the summary said.

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Neither defendant knew the deceased.

On March 16 a compassionate bail hearing was held in the Wellington District Court, where the co-offender said the man who died had been a "father figure" to him during his youth.

He claimed the man helped raise him and provided a home for him when he lived in Hawke's Bay, and asked for the court to release him so he could attend the funeral.

The woman falsely claimed to be the ex-wife of one of the man's sons and said she had known them for 10 years.

The court granted the compassionate bail application.

But when police made inquiries with the man's daughter, it was discovered neither of the defendants knew or were known by the family, and the bail was revoked.

When the co-defendant's lawyer raised this with the pair, the woman told him she had been married to the man's son and that her supposed ex was the father of her children.

She claimed the man's daughter was lying to police when she said they did not know the defendants because she and the daughter were not on good terms.

In court today, her lawyer Paul Knowsley said the woman was a "success story" in that she had no criminal history despite leading a difficult life.

"Someone who says that what she's gone through and where it's left her . . . isn't relevant to a culpability assessment is someone who's never been through anything like that," he said.

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Her offending was borne of "misplaced loyalty and plain stupidity", against an "immaculate backdrop".

"I don't think she even has any fines."

Crown prosecutor Mark Shaw said the woman was "highly culpable".

"She's not just being led along, not being manipulated, not being coerced. She's none of that. She's a key player in this entire scheme."

Judge Andrew Nicholls said he had an "unequivocal" letter from the woman's employer saying while they support her, she would lose her job if she received a conviction.

He said the consequences of conviction would be disproportionate to her "one act of foolish offending".

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He granted her a discharge without conviction.

He also granted permanent name suppression, referring to the ongoing abuse she was dealing with from her ex-partner.

There was information to show there was a "real risk" the ex partner would redouble his efforts to abuse the woman if he learned of her offending. The risk would create "extreme hardship" for the woman.

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