Lawyer fails in bid to have illegal workers case thrown out of Hastings court

Gurpreet Singh heads to court where he and his company now face three charges each under the Immigration Act.

A_040319NZHJOWALLACE14.JPG The case against Gurpreet Singh and his company was heard by Judge Russell Collins. The judge and trial participants were required to wear masks in court. Photo / NZME

The lawyer for Gurpreet Singh and his Hastings labour supply company was unsuccessful in an attempt to have a case involving illegal vineyard workers thrown out of court on Wednesday.

However, two more charges have been withdrawn following a witness's no-show, meaning that Singh and his company, JJ 2016 Ltd, now face three charges each under the Immigration Act, brought by the Ministry of Business, Innovation and Employment (MBIE).

The Hastings District Court has heard from three Indonesian men who were recruited in Bali, and who paid more than $7000 each to an agent there, to travel to New Zealand for the prospect of making good money.

They arrived on visitors' visas and worked in Hawke's Bay illegally for about two months in late 2019 before they went to Immigration New Zealand to ask about work permits.

Officials told them to stop working but have since given them special visas to live and work in New Zealand while they assist with the prosecution.

Defence counsel Scott Jefferson filed an application with Judge Russell Collins on Wednesday that there was no case to answer.

He said there was no evidence that the three men had been employed by Singh's company.

Earlier, the court had been shown a 2020 video interview of Singh conducted by Michelle Morgan, a senior investigator with the MBIE, in which Singh described sub-contracting arrangements under which workers were sometimes supplied by another company, Prostar Viticulture Ltd.

Jefferson said the only evidence that the three Indonesian men were employed by Singh's company came from their own statements that they believed this to be the case.

"The height of their (the prosecution) evidence really is an assumption," Jefferson said.

He cited statements from each of the men that they also "assumed' they were working for Singh, whom they knew as Saabi.

But MBIE counsel Catherine Milnes said the judge needed to consider the "wider context".

The three men lived at Singh's accommodation at Pakipaki, his office was also there, and their wages were paid by a supervisor named Ramiro, whom they believed worked for Singh. Singh gave orders which were conveyed by Ramiro. The men wore JJ 2016 vests while at work.

Judge Collins said there were only two contenders for who employed the men on the evidence before the court: either JJ 2016 or Prostar.

The case against Gurpreet Singh and his company were heard by Judge Russell Collins. The judge and participants in the trial wore masks in court. Photo / NZME

He ruled there was sufficient evidence for the case to proceed.

The judge noted that efforts had been made to conceal the employment arrangement. No visa requests had been made, there were no payslips, and no Inland Revenue records.

Earlier, the court reviewed bank account records for JJ 2016 Ltd, including large cash withdrawals for paying workers.

Singh told Morgan during the video interview: "Rich people have bank accounts. We pay in cash."