Drug dealer gets to keep $20k to pay off debts
A man caught with more than 1 kilogram of MDMA will get to keep $20,000 and a BMW so he can pay debts to, among others, his parents.
Mikal James Hammond still came out on the bad end of the deal though, losing hundreds of thousands of dollars, casino chips and a drone.
Police have the power to take property off people if they can convince a court the property was more probably attained through illegal means than legal ones.
But the law also gives police and people the opportunity to come to a settlement.
That is exactly what happened with Hammond, whose deal, according to a judgment issued in December, was ticked off by Justice Christine Grice.
Hammond was jailed in 2018 for four years and nine months after pleading guilty to possessing a range of drugs, including MDMA and cannabis for supply, and firearms charges.
Hammond has a lengthy criminal history, as well as a legitimate interest in selling kauri stumps.
Palmerston North police searched a property Hammond lived at in April 2016, finding 1.28kg of MDMA, 250 grams of cannabis, $398,700 cash, a .22 pistol with silencer and ammunition, and a 1⁄ 3 full Powerade bottle containing GBL.
That came a year after police seized $79,840 cash, which was found in a black rubbish bag by cleaners at the Langham Hotel in Auckland.
The person who checked into the room said the cash belonged to Hammond, her partner.
Police also took keys and access passes when they searched Hammond’s house.
The keys matched a BMW the woman paid to park at the Langham, while another matched a 2004 Holden Commodore found at a Feilding lockup.
Various items – $402,000 cash, a drone and $1327.50 of casino chips – were forfeited by Hammond without opposition.
However, Hammond will get to keep $20,000 cash, the Holden and the BMW. Both vehicles are in poor condition.
The judge said police knew Hammond had outstanding legitimate debts to people, including his parents.
Police consented to him having that money so he could pay those debts, the judge said.
The law requires a High Court judge to approve a settlement if it was in the interest of justice and consistent with the purpose of getting property derived from criminal activity.
Dealing with the forfeiture as a deal would save time and cost. It would also mean a substantial amount of cash would go to the Crown, while Hammond would still be able to pay his debts, the judge said.