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Home / The Country / Horticulture

Court told of false invoices for illegal workers

NZPA
13 May, 2010 01:12 AM3 mins to read

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A company which employed illegal Asian fruit and grape pickers in New Zealand produced an estimated $100,000 in false invoices to sub-contractors at the peak of the harvest season, a former employee has told a court hearing in Hastings.

A pre-trial hearing before Judge Russell Johnson has heard evidence from
Omar Santoso, 45, who worked for Contract Labour Services, a company run by Michael Wauchop Porter, 53, Miles Elliott, 45, Surjit "Uncle" Singh, 62 and his son Dharminder "Bubbly" Singh, 42.

The four men go on trial today on a representative charge of conspiring to aid and abet foreign nationals to stay and work in New Zealand illegally.

Mr Santoso's evidence has been heard ahead of the start of the trial because he cannot remain in New Zealand for its duration. The trial is expected to continue until early next month and resume again for three weeks in July.

Contract Labour Services or CLS operated in Hastings, Auckland and Blenheim, employing hundreds of workers in orchards and vineyards from Christchurch to Te Puke.

Mr Santoso, who worked for CLS, said the firm operated two lists for its workers, an A-list for legal workers and a B-list for illegals, many of whom were recruited after jumping ship.

He confirmed that pay calculations he did in 2005 were done in pink if they were legal workers and in green for illegals.

The busy time for the company was from October to March and he estimated that around $100,000 in false invoices were being produced a week. Cheques were sent to fake sub-contractors who cashed them and brought back cash to pay the illegal workers. Invoices from genuine sub-contractors were paid either by cheque or directly into a bank account.

Mr Santoso said CLS office staff were given real invoices to pay A-list workers who were on "the proper payroll".

Hours worked by pickers in Blenheim were faxed by a CLS manager called Rocky and money for their wages was put directly into his bank account. Mr Santoso said the manager was aware that CLS was operating two lists of workers.

He said he told one of the defendants, Mike Porter, that he could not carry on operating such a system and Porter had replied that "we can't stop".

Some workers on the A-list were given the names and IRD numbers of people who had returned home.

Bill Calver, counsel for Miles Elliott, accused Mr Santoso of falsely filling in his application form to come to New Zealand as a visitor, knowing he intended to work.

Mr Santoso said he had been told by an agent that he could work while he was applying for a work permit.

He agreed that he may have given Miles Elliott the impression that he was legally able to work in New Zealand.

- NZPA

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