People smugglers sent to jail

1.15pm

A Malaysian contractor was today jailed for two years for migrant smuggling, after luring Malaysian workers into Marlborough vineyards.

In the country's first prosecution for people smuggling, Heng Lee, his wife Koi Hen Chan, and daughter-in-law Lay Kheng Chua appeared in Blenheim District Court this morning for sentencing on a range of charges.

Jailing Lee for two years, Judge David McKegg said he was the principal offender who held "the lion's share of the blame" and a deterrent sentence was needed.

Chan was sentenced to nine months jail, while Chua was sent to jail for six months.

"I think the three of you believed you were on to a good thing which involved attacking the integrity of the laws of this country," the judge said.

Judge McKegg said although elements of extortion to the victims was apparent, it was not a situation where the victims were appallingly treated as had occurred in some instances in other countries.

Crown prosecutor Glen Marshall said the offending was purely profit-driven and based on the exploitation of vulnerable workers in the vineyard.

Defence lawyer Gary Sawyer said Lee had experienced difficulties when he first came to New Zealand to work.

Lee's biggest concern was that the eight Malaysian workers brought into the country did not have to go through what he did, as he provided transport and accommodation assistance to them at a reasonable cost.

"He's tried to get ahead but has fallen foul of the law and accepts he must pay the price," Mr Sawyer said.

Last month a depositions hearing in Blenheim for Lee, Chua and Chan ended suddenly when they pleaded guilty to a total of 24 charges under the Immigration Act.

During the four days of depositions, the court heard from six Malaysians who said they had been lured to New Zealand last year by a tempting offer from Lee, Chua and Chan to work in Marlborough vineyards.

It emerged that before they left Malaysia they paid money to the trio in order to "facilitate" their passage through immigration and for work permits.

Once they arrived in Blenheim in March last year, the Malaysians were asked to pay a further $1000 each for "introductions" into their jobs.

They said that after working at an Oyster Bay vineyard for seven days, the group of eight decided to leave the country because work permits did not appear to be forthcoming from Lee.

Lee, 53, admitted four charges of aiding, abetting, inciting, counselling or procuring people to enter New Zealand illegally, and eight charges of aiding people to breach conditions of their permits.

Five charges of threatening to cause grievous bodily harm were withdrawn.

He later also pleaded guilty to 19 additional charges laid by the Inland Revenue Department, including not filing PAYE, GST and income tax returns.

Lee's wife Chan, 51, admitted eight charges of aiding people to breach conditions of their permits, while their daughter-in-law Chua, 30, admitted four counts of aiding people to enter New Zealand illegally.

The Lee case led to an immigration crackdown in Marlborough vineyars.

Marlborough Vineyard Contractors Group spokesman Andrew Arbuckle said today the case had changed the way business was done.

The contractors group was established in February this year.

Mr Arbuckle said despite stories of illegal workers being ripped off by their employers most contractors worked well within the rules.

"The growers we work with are aware that we are doing everything by the book," he said

Through the new contractors group, they had been able to tighten up on their processes and ensure people knew what was expected of them by immigration and IRD.

- NZPA