WELLINGTON - The police have stepped into the case of the drugs- smuggling billionaire.
They may appeal against his discharge without conviction.
The national police prosecutions manager, Assistant Police Commissioner Neville Trendle, confirmed last night that he would review the file.
The move came as the Herald won the first round of itsbattle to name the man.
Mr Trendle said he was awaiting Judge David Harvey's sentencing notes, which would not be available until the judge returned from holiday next week. "I will be looking at the notes with the chief legal adviser to see where we go from here."
The businessman, who has all details leading to his identification suppressed, was discharged without conviction by Judge Harvey in the Otahuhu District Court after admitting three counts of importation, including of the class-B drug hashish.
Mr Trendle said if police decided to appeal, the file would be forwarded to the Solicitor-General for further advice. Any application to appeal had to be lodged within 14 days of the businessman's discharge on Friday.
The billionaire's lawyer, Marie Dyhrberg, said she was confident of defeating any possible appeal. Discharge without conviction under section 19 of the Criminal Justice Act had many precedents.
"And of course the fact that they [the police] didn't oppose it in the first place makes it sort of rather difficult for them to do it now."
Meanwhile, a Spanish journalist in Auckland to cover the America's Cup has been convicted and ordered out of New Zealand for possessing 7g of cannabis - 93g less than the billionaire.
Jaime Rossello Portman was ordered to pay court costs and was not given name suppression in the Auckland District Court.
Last night on One News he admitted importing the cannabis.
