A Murupara man who rigged his power supply to hide a "get-rich-quick" cannabis-growing operation has been sentenced via video link in a first for New Zealand.
Gavin Arthur Herewini, 30, appearing in the High Court at Rotorua yesterday, was sentenced to 12 months' home detention for cultivating cannabis and was convicted and discharged on a count of possession of cannabis.
Justice Joseph Williams carried out the sentencing from Wellington, via video link, the first time this has been done in New Zealand.
Witnesses have been able to provide testimony by video link for some time but it was the first time under new legislation that an accused has been sentenced via the link.
There were some teething problems.
Unaccustomed to the process, Herewini's lawyer Rob Vigor-Brown started making submissions before Justice Williams had arrived.
When the hearing started properly there were problems with paperwork as the judge did not have a copy of a report into Herewini's suitability for home detention and a fines summary did not make sense.
The video link also allowed those in the Wellington court to hear Mr Vigor-Brown consulting his client over fines repayments, which prompted Justice Williams to comment that he was "pretty sure we are not supposed to be hearing this".
Herewini, a meat processor, had previously admitted setting up a sophisticated cannabis operation as a "get-rich-quick" scheme.
When they searched his Murupara home last December 9, police found 93 mature cannabis plants growing under lights in a garage and 125 cannabis seedlings.
The court was told Herewini showed police a wardrobe in a bedroom where about 1kg of harvested cannabis was drying. He then showed them the garage, which was lined with heavy plastic and insulation matting material. Electricity to the operation had been rigged so Herewini could avoid detection through excessive power use.
Outside a further 18 plants were discovered growing wild.
In his summary, Justice Williams said police estimated the operation would have cost $5500 to set up and would have realised $200,000, although Herewini said those estimates were exaggerated.
Justice Williams said although Herewini wasn't facing charges of supplying cannabis, it was clear from the large scale of the operation that it had been a commercial scheme.
Herewini told a probation officer completing his pre-sentence report that the operation was a way of making money quickly.
"There was no evidence of sales," His Honour said.
"No bags or tick list was found ... It was a get-rich-quick scheme."
Herewini will serve his home detention sentence at a Hastings address where he is now living.
He must live with his partner in Hastings, not consume alcohol or drugs and undertake an appropriate drug counselling programme. The conditions of his home detention will also allow him to keep his job at a local meat works.
A spokesman for the Rotorua court said it was the first time someone had been sentenced in the court by video link.
He said any problems with overhearing lawyer-client conversations lay with the firm providing the link.
Meanwhile, technicians are testing the video link between the Auckland District Court and Mt Eden Prison, which will allow prisoners to give evidence without having to be transported to the court.
The technology could be ready for use this month.
- additional reporting: NZPA
Dope grower sentenced by video link
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