Calebh Simpson, 31, was sentenced in August last year for operating a meth lab while on electronically-monitored bail. Photo / Andrew Warner
The man at the centre of a major methamphetamine operation and who hid $1.5 million in cash in a hydraulic compartment under his bed has argued he’s been jailed for too long.
Whakatāne man Calebh Simpson was raided by Eastern Bay police in early 2020 with officers uncovering cash, jewellery, meth, guns and a clandestine lab set up in the garage where he was residing.
In December he was jailed for 12 years with a minimum non-parole period of five years but today he took his case to the Court of Appeal in Wellington.
Heard at the same time, Simpson’s “right-hand man” Benjamin David Howe also appealed his sentence of six years and seven months.
Howe’s role in the commercial meth operation saw him help manufacture the drug and then transport it.
The pair’s offending, along with other associates, was uncovered by Bay of Plenty police in Operation Emoji.
Simpson was stopped by police in 2019 when he was using his cell phone while driving in Auckland.
He was unable to present any ID and the car was searched with Simpson’s consent. Officers uncovered a bag containing 293g of methamphetamine, $3000 in cash and a white bucket with iodine residue.
A .30 calibre semi-automatic rifle and a shotgun stock were also found.
Arrested and charged with methamphetamine supply, Simpson was eventually bailed to an address in Whakatāne, but his involvement with the drug only escalated.
He had converted a room in the “substantially remodelled” garage in which he was living into a clandestine methamphetamine lab.
A raid on his address resulted in police finding tools and precursor substances used in the manufacture of the drug, $64,000 in cash and around 625g of meth.
Four gold bars and two rings, one valued at $136,000, were found in a safe and a number of firearms were seized.
When he was arrested and taken into custody again, police became aware Simpson was still in control of $1.5m which officers had missed during the initial search.
He asked his father to uplift the money, stored in two suitcases that were concealed in a hydraulically operated compartment under his bed.
Simpson then arranged for relatives to use the cash to buy a car, clothing and deposit funds into prison accounts in the names of associates. His legal fees were also paid.
Howe, described by the prosecution at his sentencing as Simpson’s “right-hand man”, was living at his parents’ home when it was raided by police in June 2020.
The search uncovered a loaded .44 calibre pistol, more than 50 rounds of ammunition, 171g of meth and a jar filled with 29g of cannabis.
Around 6g of meth, $10,000 in cash, scales and jewellery were found in his car. Howe admitted the drugs and items belonged to him and that he knew Simpson.
Howe worked with Simpson in manufacturing 2kg of methamphetamine at the Whakatāne lab and later transported it to Auckland.
During the appeal, lawyer Phillip Hamlin, on behalf of Simpson, argued there was a potential miscalculation in the sentencing of his client.
He submitted there should have been greater discounts for Simpson’s mental health and addiction issues.
Hamlin also argued Simpson’s term of imprisonment was a deterrent, his minimum non-parole period wasn’t necessary, and his client had “recognised the error of his ways”.
Rhodes, on behalf of Howe, said his client’s end sentence wasn’t in line with his co-offenders, submitting there was an issue of disparity between the men involved.
He said Howe had made in-roads towards rehabilitation - making “substantial efforts to make substantial changes in his life”.
Crown prosecutor Joe Mara argued both men’s sentences were sufficient and in line with sentencing guidelines.
Mara said the minimum period of imprisonment for Simpson was warranted, and there had been uncertainty around future compliance with addiction programmes.
Howe’s involvement was “black and white”, and the discounts he received were “generous”, Mara said.