They later moved operations to Tidal Rd in Mangere out in the open, in breach of another Environment Court order, and also allowed cars to defuel outside Tidal Rd. Cars would be placed on a stand and the fuel tanks would be punctured using a pickaxe. The result was that fuel poured out into a drum underneath and, at times, onto the ground.
A defence lawyer for Conway suggested he was not in charge of the scrap metal operations but Crown witnesses said he was the "front" for the company and "knew on a day-to-day basis what was happening".
Conway appealed against his conviction on the grounds that there was insufficient evidence to support them on the charge of breaching enforcement orders, there was an unfair admission of Conway's previous statement about his role in CFS, there was insufficient proof that contaminants discharged at 11 and 13 Bairds Rd had the potential to degrade the nearby stream and the circumstances in which they were delivered rendered the jury's guilty verdicts unsafe.
He appealed against his sentence on the grounds that it was excessive and that it should be replaced by a sentence of community work.
The Court of Appeal dismissed Conway's appeal against conviction on all grounds. It also dismissed his appeal against sentence, saying he began offending again within about eight months of being released from prison for similar offending.
"Certainly, the sentence of community work contended for ... would be a manifestly inadequate and inappropriate sentencing response."
The court ordered Conway to surrender himself to the Auckland District Court registrar at 10am on Friday to being his sentence.
