The “bloke” at the centre of a court sentencing that cost Stuart Nash his job as police minister is a Southland dairy farmer who slept with an AR-15 assault rifle under his mattress.
Nash resigned from the job today after he revealed on radio that in 2021 he called his “mate” Police Commissioner Andrew Coster, criticised a judge’s sentencing of the farmer, and asked Coster “surely you are going to appeal?”.
Nash, speaking to Mike Hosking on Newstalk ZB this morning, referenced the conversation with Police Commissioner Andrew Coster while talking about the need for appropriate punishments for offenders.
Coster said he recalled receiving the call where Nash “expressed frustration” and “venting” about the sentencing.
“I regarded the phone call as a venting of that frustration, and nothing more,” Coster said.
Nash had said: “I was wandering around telling everyone ‘if you have an illegal firearm, you could face five years in jail’.
“This bloke didn’t have a licence, had illegal firearms, had illegal ammunition and had guns without a licence and he got home detention, I think that was a terrible decision by the judge.”
The “bloke” in question was Christopher McKerchar, who lost his firearms licence in 2017 but did not give up his guns, magazines or ammunition as required, the Southland Times reported in 2021.
Police found several guns, magazines and ammunition at McKerchar’s house in March 2021 - including his AR-15, a 12-gauge shotgun, two AR-15 magazines, two Ruger magazines and thousands of rounds of ammunition.
McKerchar admitted charges of unlawful possession of a prohibited firearm, unlawful possession of a prohibited firearm, magazine or part after revocation, unlawful possession of a non-prohibited firearm after revocation and unlawful possession of ammunition, the Southland Times reported.
Judge Russell Walker sentenced McKerchar to four months home detention and discharged him from a conviction for the ammunition, with the fact his guns weren’t gang-related a significant mitigating factor, the Southland Times said.
Nash was not police minister at the time of the conversation with Coster.
“I’ve seen a couple of judgments, and actually one I phoned up the Police Commissioner and said ‘surely you’re going to appeal this?” Nash told Hosking.
Coster said he “felt this was a rhetorical question, not a request” and said he didn’t take any action following the call.
Nash also said on-air today judges need to “read the room” on crime.
When Nash was confronted by reporters today, he defended his comments and clearly believed he had done nothing wrong.
Hipkins said shortly after Nash defended his position, he contacted the Prime Minister to offer his resignation - something Hipkins would have asked for had Nash not offered it.
Hipkins said Nash had assured him that he had no connection to McKerchar’s case or anyone involved and promised it was the only occasion he had spoken to Coster in such a manner.
“Nevertheless, it’s my view Minister Nash’s action in contacting the Commissioner in relation to a possible appeal was unwise,” Hipkins said.
“It is also my view that his comments, both at the time on the judiciary and subsequently in defending his actions are inappropriate and represent an error of judgement.”
Nash chose not to comment when contacted later by the Herald.
Hipkins confirmed Nash had breached the Cabinet Manual, which governs how ministers act, in multiple ways.
Nash had not exercised a professional approach or good judgment in interaction with officials and should not have commented on and involved himself in the results of a particular case.
“The Minister has reflected on his actions and agrees it is no longer tenable for him to hold the police portfolio,” Hipkins said.
Minister Megan Woods will be the acting Minister of Police for the time being and Nash will continue as minister for Fisheries, Economic Development, Forestry and one of the ministers responsible for the cyclone response.
Of particular concern for Hipkins was Nash’s lack of understanding about the independence of police and the courts.
“Those in my view, mean that he should not continue as Minister of Police, I believe that that is a proportionate response to the error of judgement that Stuart has shown.
“He’s shown an error of judgement and he’s paid a price for that.”