Sunday Star-Times

Bennett ready to wait in jail

A man charged with $250,000 fraud has been incarcerat­ed for nearly five years without a trial. By choice. Martin van Beynen reports.

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Paul James Bennett will spend his fifth Christmas behind bars. There’s nothing unusual in that except he is not a sentenced prisoner and is still awaiting trial.

Justice moves slowly but Bennett, who is facing fraud charges involving about $250,000, is an extraordin­ary case.

He believes the fraud prosecutio­n (and other charges) should be stayed because, according to him, he was removed illegally from Australia, where he allegedly fled in 2015. That issue, including appeals, must be dealt with before his fraud trial. Had he simply gone ahead with his fraud trial, he would in all likelihood be a free man by now, even if found guilty.

But Bennett is a man of principle.

The helicopter pilot, who once had Hollywood star Russell Crowe in his chopper, was arrested in Sydney in February 2015, after sailing a stolen yacht across the Tasman with his then partner Simone Wright. Police had been trying to find him for several years so they could arrest him on the fraud charges and an alleged sexual assault on a teenage girl in Auckland in 2008.

Bennett, who arrived in Sydney without a passport, was kept in custody until he was escorted back to Christchur­ch in May 2016. Police were waiting for him and, due to his flight risk status, he was remanded in custody.

He then began a battle to show his return to New Zealand was illegal, claiming Australian and New Zealand police had colluded to circumvent his rights to leave Australia under his own volition. He had talked about going to Indonesia or Canada.

After a hearing in the Christchur­ch District Court in July, Judge Paul Kellar ruled the Australian authoritie­s were entitled to remove Bennett under the relevant Australian legislatio­n as an ‘‘unlawful non-citizen’’. New Zealand police had not brought about his removal and the fact they treated him as a ‘‘returning offender’’ did not render their actions unlawful.

Bennett’s lawyer, Simon Shamy, said Bennett would appeal Judge Kellar’s ruling in the High Court and he was in the process of applying for legal aid.

Bennett could have been a free man by now but he was prepared to stay in jail to fight for a principle, Shamy said.

‘‘He has effectivel­y served a 10-year jail sentence because he would be eligible for parole after serving a third.’’

The delays in the case were ‘‘a little surprising’’, but the case was complex and required

Bennett’s lawyer obtaining informatio­n from multiple parties in several jurisdicti­ons. Some of the delays were systemic in that the country had too few District Court judges and matters like Bennett’s did not have top priority.

Shamy said his involvemen­t in the case was recent and previously Bennett had represente­d himself and had another lawyer.

A supporter told the Sunday Star-Times that Bennett was not responsibl­e for delaying his fraud trial.

He claimed, she said, the Crown had caused delays by opposing his applicatio­ns seeking disclosure of email evidence between the authoritie­s in Australia and New Zealand. Other delays were due to judges and lawyers going on leave, she said.

‘‘Paul has evidence of a number of other people this [alleged illegal extraditio­n] has happened to. He suggests the police are going behind the justice minister’s back in regard to these extraditio­ns in a secret policy. I feel it is unacceptab­le that anyone should be in custody for threeand-a-half years when taking such proceeding­s against police.’’

A police spokespers­on said the proceeding­s against Bennett were ‘‘unable to progress while a stay of proceeding­s filed by the defendant was waiting to be heard’’.

‘‘That stay of proceeding­s has now been heard and dismissed, and the matter is now before the courts. As such police are not in a position to comment further.’’

Criminal Bar Associatio­n president Len Andersen said the Bennett case sounded unusual, but spending five years behind bars on remand was ‘‘extraordin­ary’’.

Twenty per cent of sentenced defendants were now released immediatel­y because they had already served the sentence through time spent in jail on remand.

The delays meant some defendants pleaded guilty just to get a speedier resolution. Sometimes delays were caused by defendants, such as when they changed lawyers constantly.

‘He has effectivel­y served a 10-year jail sentence because he would be eligible for parole after serving a third.’’ Simon Shamy

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 ??  ?? Helicopter pilot Paul Bennett was arrested in Sydney in February 2015, after sailing a stolen yacht, left, across the Tasman with his then partner Simone Wright, pictured above.
Helicopter pilot Paul Bennett was arrested in Sydney in February 2015, after sailing a stolen yacht, left, across the Tasman with his then partner Simone Wright, pictured above.

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