Bernard Simon Monk organised an aggravated burglary while on bail for assaulting his girlfriend and drug offending in Tauranga.
Bernard Simon Monk organised an aggravated burglary while on bail for assaulting his girlfriend and drug offending in Tauranga.
A former gang member offered to pay his girlfriend $25,000 - or alternatively kill himself - to stop her from giving evidence against him on violence charges.
Bernard Monk was the target of a covert investigation in 2019, Operation Abbey, in which police believed the then 40-year-old was supplying drugs on a commercial scale around Tauranga.
During a search of Monk’s home, detectives found 76 grams of methamphetamine and nearly 300 grams of cannabis, as well as other tools of the trade: CCTV cameras, a police scanner, electronic scales, plastic bags and glass pipes.
Monk immediately confessed that he sold meth to “pay some bills” and support his own heavy addiction, and this was corroborated by private conversations recorded by a listening device planted in his home.
The evidence gathered in Operation Abbey showed his drug-dealing was not as widespread as first thought, however the investigation did uncover Monk’s violent behaviour towards his girlfriend.
The pair had been in a relationship for about three years until an assault in April 2019, where a jealous Monk pushed and shoved his partner around their apartment.
Angry and unsure of what might happen, the woman hit him over the head with a half-full bottle of vodka. The blow shattered Monk’s eye socket and in a rage, he threw the woman, who was much smaller than him, to the ground.
He stomped and kicked her between six and eight times, according to the summary of facts, then punched her in the face at least four times. Monk then grabbed her by the throat.
“The strangulation lasted a few minutes and the complainant thought she was going to die,” according to the summary of facts.
She suffered bruises to her chest, a swollen face and lip, a torn and bleeding ear, a black eye and red marks on her neck.
The victim obtained a protection order from the Tauranga Family Court.
Monk breached the order several times by sending emails in which he told his girlfriend he loved her and wanted to talk about their relationship.
After he was arrested in May 2019 and charged with assaulting his partner and breaching the protection order, Monk made “numerous and persistent requests” to dissuade her from giving evidence in court.
“He offered her money on around eight occasions, including one instance where he offered her $25,000 for her not to attend court,” according to the summary of facts.
“The defendant’s efforts to dissuade the complainant from attending court also included the defendant requesting the complainant to say the assault was less serious, asking her to help him get off the charges and telling her that he would kill himself if she went to court.”
Monk admitted to the police that he had assaulted his girlfriend, including on an earlier occasion in 2017, but claimed she had exaggerated her allegations.
He pleaded guilty to charges of male assaults female, assault with intent to injure, injuring with intent, strangulation, breach of a protection order, possession of methamphetamine for supply, supply of methamphetamine, possession of cannabis for sale, and attempting to pervert the course of justice.
At a sentencing hearing in the Tauranga District Court in January 2022, defence lawyer Scott McColgan said Monk’s attempt to pervert the course of justice was “not Machiavellian or threatening”.
“He was drug-addled, depressed and losing the only form of stability in his life - their relationship,” McColgan said.
“He was begging her to not go through with [the court case] as he knew it would be the death knell for their relationship. ‘Please don’t do this; if you do, I’ll kill myself’.”
Judge Louis Bidois accepted a psychologist’s report that said there was a direct link between Monk’s dysfunctional childhood, his addiction and his criminal offending.
But the judge drew the line at the suggestion that Monk was provoked into the assault.
“He’s a big boy. Two wrongs don’t make a right.” He was sentenced to three years and 10 months’ jail after an appeal.
Bernard Monk, wearing a white shirt in the centre, was found guilty of aggravated burglary at a High Court trial in Rotorua. Photo / NZME
However, the case could not be reported until now because Monk was facing a High Court trial for a separate prosecution.
While on electronically monitored bail in Auckland for the drug and violence charges, he was arrested for allegedly orchestrating an aggravated robbery near Tauranga in January 2021.
The main victim, who cannot be named for legal reasons at present, and Monk were friends.
He had allowed Monk to store a caravan and bus at his rural property on McLaren Falls Rd, but for some unknown reason, the vehicles were not returned to Monk when he tried to get them back.
So Monk turned to some old friends for help. A former patched member of the Rebels motorcycle club, Monk asked some of his gang associates to get his property back - and to use violence if necessary.
A group of men travelled in a black BMW to the victim’s address. They approached the victim, who was splitting firewood, and said that he “owed them”.
Someone struck him from behind, then the group took turns punching him in the face, head and chest. He was knocked to the ground and unable to get back up. He was also struck in the head about nine times with a baseball bat, or a similar weapon, and golf clubs.
Someone also attacked the main victim’s partner, who was grabbed by the hair and punched in the face, and their nephew, who was overpowered with weapons, including a frying pan.
Monk denied the charge of aggravated burglary but was found guilty by the jury at a High Court trial in Rotorua. This week, he was ordered to serve an additional six years and three months in prison on top of his current sentence for the previous drug and violence offences - a total of 10 years and one month.
“But for Mr Monk’s instrumental role, it is self-evident this aggravated burglary would not have taken place,” said Justice Simon Moore at the sentencing.
“He was the organiser. It was his property he wanted returned. He directed his co-offenders to go there to get his property back. I am satisfied that he directed them to use violence or at least expected that violence would occur. He must be held accountable for the harm he instructed them to cause.”
Justice Moore said the victim impact statement made for “disturbing reading”.
“The attack came out of the blue. It was completely unexpected. The assailants were strangers to the victims. The physical injuries caused may well have lifelong implications for both [victims], particularly the injuries which cannot be seen. The mental trauma will, all but inevitably, be chronic and long-lasting.”
The main victim was left with wounds over his entire body, a deep cut to his scalp and suffered fractures to his nose, around his eyes, two ribs and two vertebrae. His teeth were broken and he is still to be treated by a surgeon.
“Apart from the physical injuries, he has long-term neurological deficits which affect his daily life,” said Justice Moore. “His life has been changed forever.”
