Fish dealer forfeits half $72k cash

Afish dealer has agreed to forfeit half of a stack of cash found during an Armed Offenders Squad raid despite the search being ruled illegal. A total of $72,730 said to be hidden under drawers and dressers at the home of Auckland fish dealer Brett Edwards was seized during the raid in September 2013.

The authorities claimed it was the proceeds of suspected “large-scale fraud of the quota system”, whereas Edwards claimed it was in part from betting on a racehorse and sales of firewood and golf balls.

The raid was a key event in Operation Partridge, the Ministry of Primary Industries’ protracted and troubled investigation.

Edwards admitted buying 720kg of blackmarket fish from undercover officers during phase one of the operation, but 100 charges that were later laid against him and others alleging a systematic rort were chucked out nearly six years after the operation began.

Along the way, two judges caned MPI for its conduct, as the Herald reported earlier this month.

Edwards unsuccessfully applied for a stay of proceedings claiming abuse of process by MPI but succeeded with his subsequent claim that the raid on his home was a breach of a provision of the New Zealand Bill of Rights Act guarding against “unreasonable” search.

That meant the evidence — torn documents found in a sewer breather pipe — underpinning the 100 charges was inadmissible and the charges were dismissed.

Those who faced charges of having “obtained a benefit knowingly selling or otherwise dealing in fish in breach of the Fisheries Act” were Edwards, his company Mangere Bulk Seafoods, Carole Shorrock, a manager of the company, and Tauranga fisherman Roger Rawlinson and the Rawlinson family-owned RMD Marine, suppliers of fish to Edwards.

A separate tug of war ensued over the cash.

Edwards said the money came from betting on a family racehorse named Dauntless ($26,000), selling firewood and used golf balls ($20,000), the return of a house deposit ($15,000), plus cash from his fish business.

One judge, who agreed with Edwards that MPI had held on to the money unlawfully, noted that MPI clearly did not believe Edwards’ explanation for the source of the cash.

Edwards’ lawyer, David Jones, QC, declined to comment earlier this month when the Herald asked about the money but the police confirmed the Crown had claimed $35,000.

Edwards was sentenced to five months community detention and 100 hours community work.