DRUG-STASH BILLIONAIRE WALKS FREE

A billionaire businessman visiting Auckland for the America's Cup regatta
walked free from court after being caught with more than 100g of cannabis
resin and leaf.

The high-roller aged in his 60s was discharged without conviction and had
his name suppressed after he is understood to have made a donation to a
drug rehabilitation programme.

He admitted three charges of importing drugs after customs officers found
56g of hashish, a concentrated class B cannabis derivative, and 47g of
class C cannabis plant at Auckland Airport and elsewhere.

Judge David Harvey sent him on his way from the Otahuhu District Court
yesterday, saying: "Enjoy the fresh air. Our harbour is a wonderful place
and I'm sure you're out there enjoying it.

"Don't let anything get in the way of you and the atmosphere."

The judge said of the suppression order: "The consequences of publication
would far outweigh the crime."

The suppression order means the Weekend Herald is unable to print details
of the man's background or home country, but this newspaper will fight in
court for the right to name him.

Lawyers for the Herald filed an application yesterday to overturn the order.

This followed an approach by the man's lawyer, Marie Dyhrberg, to a Herald
reporter in the Otahuhu court immediately after the case to warn of dire
consequences if anything was published to indicate his identity. "Don't try
anything cute because we'll sue the arse off you and he has the money to do
it," she said, leaning over the press bench to emphasise her point.

Asked later about a suggestion that her client had made a donation to the
Odyssey House drug rehabilitation programme, Marie Dyhrberg said: "I'm not
at liberty to confirm that it was agreed.

"It was voluntary, it wasn't part of a court order, so that's not part of
what I'm instructed to disclose."

Justice Minister Phil Goff said from the Cook Islands that his position
prevented him from discussing specifics of the case.

But he said: "I wouldn't expect anyone appearing in court in New Zealand to
be treated differently regardless of whether they are a billionaire or a
backpacker.

"The court should take no account of financial means, status or any other
factor not actually relevant to the court."

A lawyer from the businessman's home country said he would have been jailed
for three to 10 years there. Nor did that country allow name suppression in
such cases.

The maximum penalty under the 1975 Misuse of Drugs Act for importing a
class B drug such as hashish is 14 years' jail.

The man was caught at the airport last Wednesday with 10g of cannabis plant
in his briefcase and two pipes, according to the police prosecution summary.

A further search revealed 23.3g more in two containers, while the hashish
and the rest of the leaf were found elsewhere in Auckland.

In a videotaped interview, the man admitted bringing the drugs in for his
own use while on holiday.