KEY POINTS:
A 250kg slab of greenstone has taken centre stage in a Christchurch courtroom as the month-long trial begins of two Haast helicopter pilots accused of stealing $800,000 worth of the stone over a 13-year period.
The slab will be an exhibit in the trial of David Anthony Saxton, 60, and his son, Morgan David Saxton, 28, who deny two joint theft charges, and one further theft charge against David Saxton alone, relating to an earlier period dating back to 1991.
They both pleaded not guilty when the charges were read before Christchurch District Court Judge Gary MacAskill today. David Saxton replied, "Absolutely, absolutely not guilty" each time.
The father and son claim they were able to take the greenstone under customary rights, but crown prosecutor Robin Bates disputed that and said it was "a recent invention". He pointed to their efforts to hide their greenstone operations.
But defence counsel Colin Withnall QC told the court David Saxton did claim delegated customary rights from a South Westland kaumatua (elder) who was the father of Saxton's common law wife.
He also disputed that the pair had concealed their operations. When the police went to their farms in August 2004, there was "greenstone everywhere, in plain view".
Mr Bates explained in the crown opening that the pair faced two joint charges because the Crimes Act had been changed during the period. The earliest charge says the greenstone (pounamu) belonged to the crown, but the latter ones say it was the property of Ngai Tahu.
He said the police began Operation Roar in September 2003 because significant amounts of good quality greenstone were being sold in New Zealand "and there appeared to be no legitimate source".
Police found evidence of mining of greenstone on the Cascade Plateau in South Westland, and storage sites. They later found a total of 4.6 tonnes of greenstone when they searched the Saxton farms. At one farm it was mostly found under a large pile of pine cuttings.
"The crown will say that the fact that it was hidden and the way it was hidden is relevant to issues of intent, claim of right and colour of right. It there was an honest belief that there was an entitlement to this greenstone it would not have been concealed in the way it was," Mr Bates said.
Mr Withnall replied that it was not disputed that David Saxton had sold greenstone for years. He said it had been invoiced, GST paid, recorded in the books, and the proceeds banked, and tax paid in the normal way.
Both sides will be calling expert witnesses to give evidence about Maori customary rights to the pounamu.
The trial was delayed to this week so that a courtroom big enough to hold the expected large public gallery could be used. In the end, it has ended up in a tiny court where some spectators are standing.
Mr Withnall agreed with a proposal to halt the trial on Friday so that it can move to a court that is "less oppressive and claustrophobic".
That will involve shifting the computer system set up to provide easy access to documents, photographs and maps in the courtroom. It will also mean moving a 250kg chunk of greenstone.
- NZPA
