Esefehani-Bahadori was 21 when he was charged with drug-related offending.
In the Court of Appeal in Wellington today, Esefehani-Bahadori was described by his lawyer Tiffany Cooper, KC, as the “muscle in the operation”, who played a significantly lesser role than others.
“Given the very nature of the gangs, there’s a hierarchy within the structure of the gang,” she said.
“Mr Bahadori described himself as the muscle. He’s a big young man and was essentially there to assist others.
“He was simply there because he was part of this gang.”
Cooper said her client was “barely present” during the operation, but comments from Justice Christine French were sceptical of the arguments.
“You’re painting him as some sort of casual bystander and I don’t think that’s realistic, is it,” Justice French said.
When Esefehani-Bahadori was sentenced last year he was already serving a jail term for a drink-driving crash that resulted in the death of a taxi driver in 2017.
Now in his mid-20s, Esefehani-Bahadori joined the Comancheros when he was young, searching for a sense of belonging as an Iraqi refugee who had experienced racism when he moved to New Zealand.
The gang was under investigation by police for 10 months, with Esefehani-Bahadori involved in what was described as a “major methamphetamine operation”.
Esefehani-Bahadori had accompanied fellow gang members to a car dealership in New Lynn, Auckland, on several occasions, where large amounts of cash were carried and about 2.5kg of methamphetamine was collected.
In appealing the sentence of five years and six months, Cooper argued her client played a significantly lesser role in the operation that resulted in the seizure of $12 million worth of meth.
The court heard Esefehani-Bahadori was committed to the gang and had previously said, “Comancheros forever”.
Safi, a fellow member, was also part of the drug bust and was charged with money laundering when stopped at Dunedin Airport with about $250,000.
He was also charged with possession for supplying the same 2.5kg of meth found by police.
His lawyer, Marie Taylor-Cyphers, argued her client’s role was small, and his sentence of 11 years’ imprisonment was far greater when compared to others who had more significant dealings.
Taylor-Cyphers said Safi had issues with substances, including meth, cocaine, MDMA and cannabis, and he had a gambling addiction that wasn’t taken into consideration at sentencing.
Safi felt obliged to help his fellow gang members during the operation, so they didn’t think he was using them for drugs, Taylor-Cyphers said.
Lawyer Jacob Barry, on behalf of the Crown, argued the two men were not as innocent as their lawyers were arguing, and Operation Maddale uncovered a team effort.
“These people aren’t naive couriers agreeing to receive a package at their house not knowing how much they are going to receive,” Barry said.
“They go there, and they work as a team, and far from being innocent bystanders.”
Barry said the men weren’t vulnerable and were motivated by financial gain. He submitted the sentences each received were fair and at the lower end with respect to their gang counterparts.
Operation Maddale was executed by police in Auckland, Canterbury and Southland, with 17 addresses searched, 10 arrested, 20kg of meth and $500,000 in cash seized, as well as high-end vehicles.
The court’s decision was reserved.
