Russian billionaire’s drink-driving trial stalls
A Russian billionaire linked to the failed Waiwera thermal resort was deemed medically unfit to fly from his homeland to New Zealand to face drink-driving charges yesterday.
The news was delivered just before the start of the judge-alone trial of Mikhail Khimich and has again stalled the proceedings after a previous adjournment in November.
Judge Brooke Gibson said the longrunning matter, which dates to alleged offending in 2016, had a “chequered history” on file.
While the not guilty pleas were entered during Khimich’s second appearance, for “various reasons” the matter had not been able to proceed, he said.
According to the court documents which outlined the police case, Khimich was stopped in Auckland on September 14, 2016 after a complaint from a member of the public.
Police asked him to turn off his engine and hand over his keys.
The constable who pulled Khimich over noted he had “glazed and bloodshot eyes”, and Khimich told the officer he had been drinking rum.
The officer’s statement read: “Khimich’s actions were clumsy, he opened the rear passenger’s door into his own hand.
“I asked Khimich if he had been drinking at all. He gestured to me with his thumb and forefinger that he had drunk a little bit.”
Khimich was charged with refusing to have a blood test despite being required to do so, and failing to supply identifying particulars while in police custody after his arrest. The mogul sought to have the case thrown out based on inadmissibility of evidence, but that was denied.
The matter was then put forward for trial last November.
Judge Gibson said it appeared the defendant did not appear then and, while it was indicated to the court he was ill, a warrant was issued.
But the court was then satisfied he had been hospitalised in Russia and a new trial date was set for May 1.
Yesterday, defence lawyer John Clearwater provided a Russian medical certificate, with a translation, which indicated Khimich couldn’t fly because of “medical complications”.
Considering the medical certificate Judge Gibson was “satisfied there is a reasonable excuse” for his absence.
The defence said Khimich did not speak English well enough to understand what police required of him.
Judge Gibson said on that basis the “defendant will plainly need to give evidence”. He remanded the matter to a callover in July.
Khimich made headlines in October when the owners of the Waiwera thermal resort, which he was leasing, cancelled his lease over unpaid bills.