Yet another ex-cop, detective Dean Winter, has replaced the bent ex-cop “Chop Chop” Manch at the Real Estate Agents Authority (REAA), Keith having left quietly through the servants entrance, leaving the kitchen he’d used to cook and serve up horse shit in one hell of a mess. “Chop Chop” has passed the baton to yet another ex- policeman that served, like Manch, under the corrupt tutelage of the very bent Commissioner John Jamieson. We digress, more about that later!
A lawyer infamous for his involvement in the acquittal of David Bain, who had been convicted previously of murdering his family. This lawyer who was also involved in defending the multi million dollar fraudster Sunil Bansal is now serving on one of the Real Estate Agents Authority’s Investigative committee’s.
Ignoring the right or wrong of the Bain acquittal and concentrating on the man who was to be convicted of massive frauds. Sunil Bansal plead guilty to bribery, and fraud when he involved Mobil Oil’s regional Manager Mark Courtney, 56, and Mobil (nz) regional representative Keith Child , 48 nefarious scheme.
The scam involved false invoicing from which Sunil Bansal benefited by 1.4 million, Childs by $ 180,000 and Courtney by $ 250,000. Courtney was also convicted of defrauding Mobil of 35,000 to purchase his share in a luxury launch.
Sunil Bansal plead guilty to numerous offences only after putting the Crown to the test and coughing at the last moment before the jury hung him out to dry. At the same time he was being prosecuted for the Mobile Oil frauds, National Government Prime minister Jim “the Spud” Bolger, with the help of Act MP Owen Jennings, NZ First MP John Delamare and Justice Minister Doug Graham was defending Bansal in Parliament. In fact doing a little more than defending him, making false accusations that the documents bearing Bansals handwriting were actually forged by Dermot Nottingham.
Following up with this criminal conduct the Motor Vehicle Dealers Institute (MVDI) was conspiring with Bansal to deliberately mislead the District Court and defeat the course of Justice. Steven Downes the Institutes chief Executive was a low life, low rent, sycophantic liar who acting in conjunction with the Barrister members of it’s board, Peter McKnight and Michael Reed QC to arrange an agreement with Bansal to appear surreptiously instead of Bansal at court hearings.
The MVDI had no ability (at Law) to appear on behalf of the dealer, this was confirmed in the High Court in an appeal from a decision of the Motor Vehicle Disputes Tribunal. The MVDI reviewed a decision it couldn’t appeal and couldn’t be a party to. The victim was a Mr Ali, who Bansil had ripped off big time.
The High Court commented:
“The scheme of the Act gives the MVDI no place in the Disputes Tribunal process and one would expect determinations of the disputes Tribunals to be honoured by the MVDI without challenge… There is no provision in the Act which enables the dealer who is taking no steps in respect of a dispute before a disputes Tribunal… Under s133 of the Act the parties have a right of appeal,… the MVDI has no right of appeal under that t section. It should be noted that nowhere in in Part VII of the Act dealing with the Disputes Tribunals is there any provision for the MVDI to have any involvement .”
Clear enough we would have thought, so the MVDI decided to mislead the District Courts. To do this The MVDI arranged for it’s middle aged tubby little local branch manager Barbara Farr to contact Bansal and arrange an agreement to defeat the course of Justice. We have obtained a copy of Bansals response to the MVDI’s surreptitious advances. Bansal replied to Farr on the 8th October 1997. Which he did in writing:
“8 OCTOBER 1997
WHOLESALE CAR BAZAAR
P O BOX 12859
YOU HAVE REQUESTED WHOLESALE CAR BAZAAR TO GIVE CONSENT TO MVDI TO APPEAL IN THE DISTRICT COURT AND SUBSEQUENT COURT ACTION ON BEHALF OF WHOLESALE CAR BAZAAR IN ORDER TO PROTECT MVDI INTEREST.
I HEREBY GIVE THAT CONSENT PROVIDED ALL COSTS INCURRED ARE MET BY MVDI WITH NO FINANCIAL BEARING ON WHOLESALE CAR BAZAAR OR DIRECTORS OR SHAREHOLDERS.
Steve Downes then needed to allege fraud and forgery against the aforementioned Nottingham. To do that the MVDI used a letter submitted by Bansal in 1997 to attempt to defend his licence. Bansal never turned up to defend his licence, he surrendered it voluntarily. The letter alleged that the Nikki lists had been forged following it’s removal from the offices of Nikki International Corp in Japan.
The letter dated 25 Jun 1997, signed by Takeji Akaho as president of Nikki International Corporation of Kawasaki, Kanagawa, Japan, addressed to the New Zealand Motor Vehicle Dealers licencing Board, it falsely alleges:
“I have been provided with a copy of a document listing 67 cars of Car Importers and Wholesale produced by Dermot Nottingham or Phillip Nottingham as a Nikki document.
I confirm that this is not an original of a Nikki document.
But it may be a modified copy of a Nikki document any changes must have been made after the document was removed from Nikki office without authorization.
Bansal when presented with the Nikki List by a serious fraud office investigator, Mr Phil Roigard, admitted that the hand written notations on the Nikki lists were his own. During a Section 344a application, on the admissibility of the documents, Judge GV Hubble considered the document that the Prime Minister and MVDI were trying to suggest were forged by Dermot Nottingham. The Judge commented at para 64 of his decision:
“This is a business record for Nikki Corporation which was obtained (by means not known) by a Mr Nottingham and brought to New Zealand for presentation in his private prosecution.
Mr Roigard when interviewing Mr Bansal presented this document to him and asked if the hand writing which appears on it was Mr Bansals. Mr Bansal acknowledged that the writing comprising a whole column on the document was his, and claimed that the document itself had been faked.
I accept Mr Squires argument that this document can be produced, if for no other reason than that Mr Bansal acknowledged that a significant part of the handwriting on it is his handwriting”
Jim “the Spud” Bolger and his cronies had been given that false letter , the Nikki List for Bansal, along with confidential documents on Dermot Nottingham for the purposes of destroying his credibility, as had the low rent low life scum bag journo’s at Fairfax media. The conduit being the lawyers acting for the MVDI.
The MVDI had one conspiracy sorted now it needed to get the other criminal dealer on board. Andrew John Gummer (“toad” in Japanese) had put his criminal enterprise into liquidation to defeat creditors. Any funds or assets in the company had been distributed to family members and the company was left broke. The MVDI needed to get standing to try and defeat consumers appealing to the District Court. This is where Paul Morten enters stage left.
The liquidators of Hillcrest ( one of Gummer’s Companies) had no money left in the company to defend proceedings and had no interest in them. Morten the quisling junior of Michael Reed was tipped off by the Court registry that an appeal was being heard in Auckland and phoned a Mr Arron Heath of Jeff Meltzer and Associates. Morten wanted an agreement where he could turn up in front of Judge Kerr and con him into believing that he was acting as legal counsel for the company when he was in fact unlawfully acting as counsel for the MVDI. Morten’s Facimile records his conversation with Arron Heath dated 22 July 1998:
“I refer to my converstion today with Mr Heath.
Please confirm that Izard Weston Solicitors Wellington are instructed to appear for Hillcrest at the appeal on 23/7/98 in Auckland against the Auckland Tribunals dismissal of Mr McKinney’s claim against the company for rescission of contract.
Any appearance by Izards would be on a no cost, indemnity against costs order basis
Thank you for your urgent assistance.
Paul Morten’s aim was to have the proceedings sent back to the No 2 Motor Vehicle Tribunal for rehearing. The No 2 tribunal contained a tainted member by the name of Brian Felton ex president of the MVDI, ex car dealer and involved in the price fixing scandal that rocked the New Car Industry. Felton was appointed a mole and instructed to defeat consumer’s. He was ruled a hostile witness by Justice Glazebrook in the price fixing prosecution of the major Toyota dealers who pleaded guilty and coughed 50k for robbing consumer’s. The only dealership to defend the proceedings was Giltraps who ended up getting convicted and pinged $150’000.00 in fines:
“Giltrap City raised issues concerning the Judge’s (Glazebrook) approach to the agreed bundle of documents and her decision to declare Mr. Felton hostile. These were matters par excellence within the trial Judge’s discretion. She dealt with them in carefully reasoned rulings which were well open to the Judge. We are left well short of being persuaded that Giltrap City suffered any injustice as a result of the Judge’s rulings. We do not consider there is anything of substance in Giltrap City’s complaints. It is unnecessary to go into further detail”.
Mortens had turned up at the hearing to be confronted by Dermot and Phillip Nottingham with the Serious Fraud Office officers Bradshaw and Mullineux in tow. Nottingham objected to the fraud by Mortens and the MVDI and after bringing it to the attention of Judge Kerr (DCJ) was thrown out of court
Nottingham and Felton also crossed swords in Aynsley v Hillcrest Marketing. Phillip Nottingham, who took control of Hillcrest as liquidator, appealed to the District Court against a constructed decision by the number 2 Tribunal and won. The court ruling the No 2 tribunal was clearly biased. The MVDI reviewed the appeal in the High Court to try and overturn the District Court appeal, alleging the District Court Judge was biased. Who should turn up spreading more lies and mis-information and representing the MVDI, you guessed it the corrupt Mr Paul Morten.
After being thrown out of Court by Judge Kerr Dermot Nottingham along with his brother Phillip, Harry Duyhnhoven MP and a translator flew to Japan. Enough was enough and the plan was to obtain the corroborating Auction records direct from the Japanese Auction Houses.
The Nottingham’s succeeded and returned with copies of the auction records and confirmation that the Serious Fraud Office had always had the originals. Dermot Nottingham pressed on with his private prosecution of Andrew Gummer. The SFO had failed to prosecute for four years and only charged Gummer, Bansal and Cousins after Nottingham had filed private informations againt the National Party in Government’s Ministers and the head of the SFO under Section 71 of the Crimes Act for suppression of evidence. The Government stayed the prosecutions against it’s Ministers but had the SFO charge the dealers involved in the fraud just ten days later.
Judge McElrea ,who had a good handle on the evidence as he had ruled the Nikki documents admissible in the private prosecution of Mr Gummer, rejected the application to stay or adjourn the prosecution and commented on the SFO’s failure to bring a prosecution in four years at page 5 of his decision”
“The SFO may or may not bring its prosecution to trial. One can ask legitimate questions as to why it has taken so long to get this far , and I certainly would not be prepared to stop this trial on the basis that one can be confident the SFO will take this matter the whole distance. It may or may not. This informant is entitled to say he has done his best to get this matter dealt with promptly and despite his best efforts it has taken a matter of years. I accept his submission that if this private prosecution is adjourned pending the outcome of the SFO matter that could result in delay of further years and a possibility of justice being unable to be done at all and the prosecution struck out as an abuse of process.”
Dermot Nottingham as prosecutor and informant proceeded to trial. At the end of the prosecution case Mr Gummers counsel applied for a section Section 347 acquittal.
This was refused, the prosecution had provided enough evidence to convict unless Mr Gummer could explain away his actions. It was conceded by the defence that the prosecution had proven the cars on the Nikki list which the list indicated were wound were in fact wound by Nikki Corporation after the auction which Mr Gummer attended and prior to export and that Nikki charged Mr Gummer a 5000yen fee for doing so.
Mr Gummer gave evidence alleging that it was the Nikki’s agents who wound the cars in front of him without him knowing. Judge Gitto’s reserved his decision and acquitted Gummer but recorded the concession on the wound Cars.
Dermot Nottingham was flabbergasted and described the Judges reasoning for Gummer’s aquittal as the “Nikki Mouse Impossible hypothesis of exculpation” and immediately filed an appeal alleging the Judge had got it oh so wrong.
Meanwhile the SFO prosecutions proceeded to Trial and an s344a application was made to admit the hearsay admissions of the Nikki lists and the interviews of the SFO with the Japanese agenst Mr Akaho. Seems Mr Akaho had changed his mind when the Yokahama prosecutors office knocked on his door with a search warrant and an SFO officer. Akaho admitted the vehicles were clocked in accordance with the Nikki lists and a check of the Nikki computer system generated Nikki lists. Judge Hubble admitted the statements of Mr Akaho in the trial but importantly did not need to rely on them. The Nottingham Nikki Lists where enough.
This is where the whole process becomes real interesting. At trial Judge Joyce QC listening to the same evidence from Mr Gummer. Mr Gummer was stuck he had to repeat his evidence from the earlier trial. This time judge Joyce got it oh so right:
“ It is extraordinarily, unbelievable to think a fraudster, acting on his own, would not only charge a fee for his fraud, but also-showing even more gall-would make a very specific note of it in it’s own records-a note of the precise nature of it right down to the original and clocked milage. This has to be the case if a fraud on Mr Gummer is a reasonable possibility……..it beggars belief that Mr Gummer could have been safely (from the agents point of view) so many times.”
Gummers lawyers appealed alleging that the evidence was the same in both trials and it was an abuse of process that two judges hearing the exact same evidence made two distinct findings. The court of appeal rejected his appeal. Dermot Nottingham to be fair felt he had been robbed by an incompetent judge or perhaps far worse and recalcitrant judge who simply did not like a lay prosecutor. The court just couldn’t handle finding for the private prosecutor in a three week four year investigation and prosecution. What is satisfying is the content of the court file and his appeals describing Judge Gitto’s decision as the “Nikki Mouse Impossible hypothesis of exculpation.” When talking to Dermot in Chambers Judge Gitto’s would not make eye contact.
Bansal plead guilty when confronted with the admissibility of the Nikki lists and the statements of Mr Akaho.
Mr Morten, the Prime Minister Jim Bolger and all his dodgey men couldn’t stop consumer advocates who had been vilified in Parliament and the media as being forgers and fraudsters. The silly thing about it was that for the consumer advocates it became a matter of proving those in power all wrong so as to recover their reputations, which had been criminally vilified by civil servants in pursuit of yet another cover-up.
As a foot note. Not only were the dealers ultimately convicted but the New Zealand National Party cronies were eventually outed as incompetent and corrupt. (Tuariki) John Delamere was prosecuted for fraud, (Sir?) Douglas Graham, the ex National Party Governments Minister of Justice, is currently facing criminal charges over 100’s of Millions of dollars worth of fraud, Jim Bolger’s Trustee Executors was involved in the biggest mortgage fraud in New Zealand history. Bolger’s successor as Prime Minister, Jenny Shipley’s immigration business folded and Fairfax Newspapers had to cough up with a seriously large amount of cash in an out of court settlement.
Dermot Nottingham brought Jenny Shipley’s office furniture from the recievers, his real estate company sold down 25 million dollars of Bolgers Trustee Executors properties and he also got the fraudster Malcolm Mayer to confess in the National Press. Phillip Nottingham recovered what the SFO prosecutor Mr Dixon, was to recently describe as a pillar of the SFO’s case against Mayer. The documents showing forgery and fraud found on the 5th Floor of Peace Tower in Auckland New Zealand.
Sunil Bansal, additional reading:
5:30 AM Saturday Feb 25, 2012
UPDATE: Sir “Dodgey” Doug Graham, ex minister of the crown ( Justice), National party big wig and Knight of the realm was convicted on 4 charges of fraud in the Lombard Finance collapse. This pontificating pratt presided over an insolvent criminal enterprise that robbed over 140 million dollars off mainly elderly investors, for most their entire life savings. This was no small effort, no stealing the milk tokens from the local diary but a massive fraud!!! Going down with him was “Big Bill” Jefferies another New Zealand Justice Minister.
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