Drug dealer should lose home, says Crown

A man arrested during a major police drugs operation offended from his "half-million-dollar Wainui beach home" and he should "lose it", the Crown says.

Rodney George Elliott, 57, appeared in the High Court at Gisborne on Friday for a forfeiture application hearing.

Elliott had been convicted of cultivating cannabis, possessing cannabis for supply and three counts of selling, giving or supplying cannabis.

Crown prosecutor Russell Collins called for the forfeiture of Elliott's house and a community-based sentence of "modest severity" that would not require electronic monitoring.

Forfeiture he told the court would provide a great deterrent to such offending.

Elliott's house should be forfeited, or he should go to jail.

Counsel for Elliott, Tony Snell, said Gisborne had a passive beach culture with a relaxed attitude to smoking cannabis.

Elliott, like other offenders convicted after the police operation, were hardworking, respected and active members of the community.

Their involvement with cannabis was like a lifestyle choice.

But Mr Collins rejected that saying conviction rates for drug offending in Gisborne jury trials were very high.

And the local community was sick of the effects of cannabis and their "beautiful part of the world" being tainted by drugs.

If the forfeiture of Elliott's house reversed that, "so be it".

Elliott was not born into a low socio-economic family of third- generation unemployment, or recruited into a gang at the age of 13, said Mr Collins.

"He did what he did to make money."

Mr Snell told the court forfeiture legislation discriminated against lower-income people like his client.

People with wealth and knowledge put their homes into trusts where the Crown would not apply for forfeiture.

Elliott had owned his modest house for 20 years and it was only valuable because of its location.

The house had been paid for by Elliott's parents and his own hard work, not by the proceeds of crime, Mr Snell said .

Elliott was a stereotypical working class New Zealand man with one asset - a house.

At his age and on his modest income, he would never own a home again - forfeiture would be disproportionate to his offending.

Elliott's equity in the house was $410,000 and the highest police estimate of cannabis yield was $90,000.

Justice Paul Heath has reserved his decision until August 27 when Elliott will be sentenced.

- NZPA