Nelson Mail

Patched Red Devils in clear

- JONATHAN CARSON

All patched members of the Red Devils Motorcycle Club netted in a major police undercover operation in Nelson may walk free as a result of a ‘‘significan­t’’ High Court judgment.

A ruling by Justice David Collins this week has effectivel­y thrown out 117 of the original 148 charges against 20 defendants arrested during Operation Explorer – a police investigat­ion that involved two undercover officers infiltrati­ng the Red Devils in Nelson.

Only eight defendants facing a total of 31 charges will proceed to trial, according to the judgment.

Sources said all patched members of the Red Devils caught in the undercover operation were no longer facing charges.

‘‘All the patched members have walked,’’ one source said.

The judgment has been referred to Crown Law for the solicitorg­eneral to consider an appeal.

The reduction in charges and defendants is the result of a ruling by Justice Collins on February 20 that evidence improperly obtained by police between June 2010 and March 2011, during Operation Explorer, be excluded from trial.

He said evidence for ‘‘serious’’ charges would be allowed.

A suppressio­n order prevents reporting of the reasons why the evidence has been excluded until the end of the trial.

A hearing on which charges should be deemed ‘‘serious’’ was held in the High Court at Nelson on March 6.

In his latest judgment, released on Wednesday, Justice Collins found only 31 charges were serious enough to proceed to trial.

He ruled that the remaining charges did not meet the threshold of seriousnes­s and evidence obtained by police in relation to them cannot be produced at trial.

They include charges for alleged drug dealing at the Red Devils clubrooms; possession of firearms; threatenin­g to kill; conspiracy to commit grievous bodily harm; theft of meat, petrol and other products.

Most of the serious charges are related to the alleged role of Terry Jones in the supply of methamphet­amine from Auckland to Nelson.

Some of the charges against those who allegedly conspired with Jones in the methamphet­amine trade were also deemed to be serious.

Barrister Tony Bamford, who is representi­ng three of the original defendants, including Jones, said the judgment was significan­t, but there was ‘‘a range of possible ramificati­ons and issues’’ arising from it.

‘‘Obviously it means the scope of the trial is narrowed simply because the number of charges have been significan­tly reduced and the number of defendants that are likely to go to trial as result of this judgment have been reduced also.

‘‘It’s going to shorten the process, but at this stage that’s prob- ably all I can say,’’ Bamford said.

The eight remaining defendants are Terry Jones (11 charges); Grant Hayward (3 charges); Damian Stacey (1 charge); Glen Thompson (3 charges); Robert Stewart (6 charges); Nathan Busch (5 charges); Taylor Antonievic (1 charge); and Glyn Rutledge (1 charge).

The trial is set to commence on May 4 and four weeks have been allocated.

 ??  ?? Armed police stand guard outside a Red Devils pad in Nelson during a raid at the conclusion of Operation Explorer in March, 2011. Terry Jones is one of the remaining eight defendants in the case against the Red Devils Motorcycle Club.
Armed police stand guard outside a Red Devils pad in Nelson during a raid at the conclusion of Operation Explorer in March, 2011. Terry Jones is one of the remaining eight defendants in the case against the Red Devils Motorcycle Club.
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