Prominent wealthy businessman returns to prison after appeals dismissed but suppression remains

A prominent and wealthy businessman has been ordered to return to prison after his appeals for sexual offending against three men were dismissed.

The former rich-lister, however, can still not be named and is seeking an appeal at the Supreme Court.

The prominent Kiwi man was found guilty of indecently assaulting all three victims at his Auckland home in the early 2000s, 2008 and 2016. He was also convicted of twice attempting to pervert the course of justice.

After a lengthy High Court trial in Auckland, he was sentenced to two years and four months in prison in May 2021.

He initially spent several weeks serving his sentence in a cell before eventually being granted bail on a third attempt in August 2021, pending the appeal of his convictions and sentence.

After a hearing was held in Wellington last September, the Court of Appeal delivered its judgment earlier this month and dismissed the businessman’s challenge. The reasons stated in the decision, which has been released to the Herald, are suppressed.

However, after dismissing his appeals, the Court of Appeal also quashed the businessman’s bail and ordered him to report to the Department of Corrections at Mount Eden Prison on February 21.

Before he was sentenced, the influential man emailed more than 100 people and organisations asking for letters of support to present to the judge.

“I would greatly appreciate such support ... I am innocent of all charges,” he wrote.

“I would doubt I would survive any period in prison. In these circumstances innocent people can and do rot in jail only to be cleared some time later. Such is the law.”

In the email, the businessman also confidently claimed “we will win the appeal”.

The businessman’s legal team, led by well-known lawyer David Jones KC, has claimed the allegations are fabricated stories for ulterior motives, including revenge over failed business ventures and people wanting to be included in the MeToo movement.

The businessman has himself said he was the victim of an “amazing blackmailing circuit”.

The businessman’s lack of remorse “infuriates” one victim. While another has said he expected the businessman to rely on his philanthropy in an effort “to wipe away the guilty verdict”.

The judge who oversaw the trial and sentenced the man, Justice Geoffrey Venning, also said he displayed an inability to accept his offending.

“You consider yourself to be a victim of the tall poppy syndrome,” the judge said. “Your sense of self-entitlement is repeated in the affidavit you provided for sentencing, it displays a lack of empathy for your victims and confirms your lack of insight into your offending.”

The wealthy man’s manager and entertainer Mika X were also convicted of attempting to pervert the course of justice by dissuading the 2016 victim, the first to go to police.

The second was an elaborate attempt in May 2017, which included hiring the politically-connected PR consultant Jevan Goulter and become known as the “Gold Coast plot”.

The businessman’s manager was sentenced to 12 months of home detention and also had his appeal against conviction dismissed this month.

Mika X, also known as Mika Haka, pleaded guilty to twice attempting to stop the victim from giving evidence with bribes and was sentenced to 11 months’ home detention.