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Home / World

Former boss of arrested Kiwi Peter Gardner says drug charges 'out of character'

Matthew Backhouse
By Matthew Backhouse
Assistant Chief of Staff·Herald online·
10 Dec, 2014 12:15 AM5 mins to read

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Peter Gardner faces the death penalty is convicted of drug smuggling. Photo / Supplied

Peter Gardner faces the death penalty is convicted of drug smuggling. Photo / Supplied

A young New Zealand man arrested in China over drug smuggling is a "hard-working, loyal guy", says his former boss.

Peter Gardner, 25, is believed to still be in custody despite the release of his Australian girlfriend, 22-year-old Kalynda Davis.

The pair were expected to face a Chinese court this week charged with trying to smuggle 75kg of methamphetamine to Australia.

However, Ms Davis' family confirmed yesterday their daughter was back home.

In China, drug trafficking convictions carry the death penalty. Gardner could be sentenced to death by firing squad if convicted.

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Gardner's former boss, Michael Kulakovski, told nzherald.co.nz he was surprised by the charges, describing Gardner as a "great guy".

Gardner had worked for Mr Kulakovski's home construction business in Sydney as a full-time apprentice and subcontractor.

'He's not a bad person'

Mr Kulakovski said: "It's not his character to be involved in something like that, definitely. I just hope everything goes well for him. He's very passionate, he loves New Zealand, so he's very passionate about his country.

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"He's a young kid who's got so much ahead of him, so it's shame if he gets convicted."

He added: "He's not a bad person. He's a hard worker. He gave his 100 per cent all the time with me. He's a very passionate, loyal guy. I looked after him like one of my own."

Mr Kulakovski said Gardner had worked for him until about 2009 and "then he went on his own way".

He had not spoken to him in the last year. "It's been a while."

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Gardner's father and two sisters live in Sydney, while his mother lives in New Zealand, Mr Kulakovski said. He did not know where in New Zealand his mother was from.

Kalynda Davis was freed by Chinese authorities. Australian media claim her release was secured by secret negotiations. Photo / Supplied

Australian media reported that Ms Davis, 22, was released due to behind-the-scenes diplomacy and lobbying by Australian officials with their Chinese counterparts.

However, an Mfat spokesman in New Zealand said the decision to release Ms Davis was China's alone, and was not dictated by which government had lobbied Chinese officials harder.

"We understand the decision to release Ms Davis rested solely with Chinese authorities. The Australian Government has advised that no negotiations were held to secure Ms Davis release, neither by consular officials nor by Foreign Minister Julie Bishop."

It is understood Ms Davis was travelling with just hand luggage at the time of her arrest, which may have aided her case as the drugs were believed to have hidden in check-in luggage, according to Australian media.

Reported missing

The Mfat spokesman said the ministry could not comment further on the ongoing investigation "or interfere in the judicial proceedings of another country".

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Mfat said Gardner had been given assistance by the New Zealand Consulate-General in Guangzhou. "The Consul-General has visited Mr Gardner in the detention centre to check on his well-being. He has legal representation."

Ms Davis was reported missing to NSW police by a family member on November 5. On the same day, she and Gardner flew to Guangzhou in China. It is believed they were due to return on November 8 but were intercepted by Chinese authorities. It is believed she had met Gardner through the dating app Tinder just weeks earlier.

Davis reportedly met Gardner two weeks before their arrest on the dating app Tinder. Photo / Supplied

Ms Davis's family said yesterday: "We have always known Kalynda to be innocent of these allegations. Her return home today is a clear statement of her innocence."

The Sydney Morning Herald said Ms Davis's parents, Larry and Jenny Davis, had hired lawyers in Sydney and China to secure her return. They praised Chinese officials for their "professional and honourable investigation".

They said that they were praying for Gardner's return. "To the family of Mr Peter Gardner, we will continue to pray for Peter and your family. You are always in our thoughts."

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The Sydney Morning Herald described Ms Davis as a gifted basketball player and former private school student. It said her father worked at ANZ and had previously been a police officer.

Ms Davis' friend Blayke Tatafu was relieved to see her back in Australia. "Everyone is surprised at the outcome, but not surprised that the truth came out the way it did," he told AAP. "I always said I didn't think she could do something like this."

Top secret

Ms Davis' parents thanked Australian authorities for negotiating with the Chinese government and authorities. They also commended Chinese authorities for their "professional and honourable" investigation of the case.

Sydney's Daily Telegraph reported that Australian consular officials spent more than three weeks in China in intense negotiations to try and prove Kalynda Davis was not aware of the $80 million package.

Australian Foreign Minister Julie Bishop was overseeing the negotiations, keeping them strictly under wraps so as not to jeopardise the sensitive talks, which also involved local and Chinese lawyers.

Ministers were told on a need-to-know basis amid fears that bad publicity could sabotage negotiations.

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Officials from the Department of Foreign Affairs were convinced they had a chance at saving Ms Davis, but understood the fragility of the situation. Ms Bishop was kept informed the whole time.

A family liaison - Dfat's Claire Went - was sent from Canberra to China to support the Davis family, who said in a statement they would not have made it through without her.

"Without the support of Ms Went we would not have been able to get through this difficult time," they said.

- Additional reporting AAP, AP, Mail Online

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