Court upholds five's P convictions

Five men jailed this year for their roles in a large-scale methamphetamine manufacture and supply ring have had appeals against their sentences and convictions dismissed.

Following a nine-week trial in the High Court at Auckland the men were sentenced to jail terms ranging from six-and-a-half years to life.

One, Albert John Rhodes, was the first in New Zealand to be jailed for life for manufacturing methamphetamine.

It emerged at his sentencing that he had a long list of convictions in New Zealand dating back to the 1970s and owed the Australian Government $20 million in a pecuniary penalty order.

Other members of the ring were Stephen Paul Kissling, Paul Edward Robinson, Glenn Thomas Douglas Gollop, and Rhodes' brother Richard Rhodes.

Xing Su was also jailed in relation to the same offending but did not lodge an appeal.

In the Court of Appeal the appellants challenged all their convictions on the basis that they were returned by a jury of 10.

That had occurred because one jury member was excused at the start of the trial after perceived fears by her meant court officials considered her incapable of filling the role.

A second juror was excused after she found a sinister note had been pushed under the door of her home during the trial.

When the second juror was excused, Justice Helen Winkelmann discussed the issue with all parties and considered that under existing legislation the trial could continue with 10 jury members.

It was submitted by defence lawyers that the convictions contravened the Crimes Act and that the possibility of contamination of the jury panel following the disruptions was real and not sufficiently taken into account by the judge.

There were also individual claims of unbalanced summing up and insufficient evidence having been presented.

All except Richard Rhodes also appealed their sentences on the basis they were manifestly excessive and wrong in principle.

But in a judgement released by the Court of Appeal today, the presiding justices said there was no basis for challenging assessments made by Justice Winkelmann and dismissed all the appeals against the sentences and convictions.

- NZPA