Judge opens door to home detention for jailed radio host Nate Nauer, pending suitable address

Nate Nauer was sentenced to two years, nine months prison to be served concurrently after he pleaded guilty to six money laundering charges. Photo / Brett Phibbs

A High Court Judge has concluded disgraced Mai FM host Nate Nauer is eligible for home detention, but only if he can come up with a suitable property to serve his sentence.

Meanwhile, Justice Rebecca Edwards has reduced the prison term of his co-offender Vetekina Naufahu, brother of the Comancheros national president Pasilika, to the extent that he is now eligible for immediate release.

On May 24 in the Auckland District Court, Judge Nevin Dawson sentenced former Mai FM mornings host Nauer to two years, nine months prison to be served concurrently after he pleaded guilty to six money laundering charges.

He laundered $420,000 for the Comancheros, mainly via paying cash for luxury vehicles. The cash was the proceeds of the sale of Class A drugs.

His lawyer Ron Mansfield KC, who sought home detention, lodged an appeal for Nauer and his co-accused, Vetekina Naufahu.

Mansfield said the sentences were “inappropriate and excessive”.

Nauer was the same media personality who was charged with money laundering and participating in an organised criminal group, as part of the police’s Operation Nova. The charges were dropped against him at trial due to insufficient evidence.

Mansfield said after Nauer was first charged he lost his livelihood as a radio host and many close friends and family distanced themselves from him.

“He was left effectively having to fend for himself in the community.”

The offending for which he was convicted took place during this period of isolation while he was facing the other charges.

“He was a high profile entertainer who was doing exceptionally well,” he said.

Nauer’s social use of cocaine got completely out of hand and spiralled into addiction, causing acute mental health issues, Mansfield said.

“Those within the criminal underworld … seized upon his vulnerability and engaged with him in this money laundering scheme.”

The appeal was heard on July 25. Justice Edwards reserved her decision but released a judgment on Friday morning opening the door for home detention for Nauer.

Justice Edwards concluded the starting point adopted by Judge Dawson of three years nine months imprisonment, with a three-month uplift for the fact the offending happened while on bail, was justified.

But the judge concluded further discounts could have been applied.

They included a 10 per cent discount for his rehabilitative efforts, rather than the six per cent offered by Judge Dawson.

Nate Nauer socialising with Pasilika Naufahu (left), the president of the New Zealand chapter of the Comancheros gang.

Justice Edwards also found a 15 per cent discount was appropriate for the impact facing the Operation Nova charges had on Nauer, together with his cocaine addiction.

The High Court Judge also found a discount of eight per cent for previous good character would be justified.

Justice Edwards landed on an end sentence of two years and between one and two months in prison. That is just outside the threshold at which home detention usually becomes available.

“However, sentencing is not an arithmetical exercise,” Justice Edwards’ judgment said.

Justice Edwards said the difference between one and two months was minor and another j\Judge may have adopted a slightly lower starting point or slightly higher discounts.

As a result, Justice Edwards concluded home detention was available and appropriate.

The home detention address he proposed in his pre-sentence report is no longer available, the judgment said. A new property had been proposed but the court is still waiting on a suitability report.

The appeal was adjourned pending that report.

Any home detention sentence will need to take into account the six months he has spent in prison already, including on remand, Justice Edwards said

That means if he is able to proceed with the home detention sentence it will likely be for a term of less than one year.

Naufahu did not seek a substitute sentence of home detention because if his appeal was successful he would have been released on time served.

It was, since Justice Edwards reduced his two-year, four-month term to one year, seven months, so he is now eligible for release.