Pubdate: Mon, 10 Jan 2000 Source: Press, The (New Zealand) Copyright: 2000 The Christchurch Press Company Ltd. Contact: Private Bag 4722, Christchurch, New Zealand Fax: 364-8238 Website: http://www.press.co.nz/ Author: Mike Bruce US TYCOON COULD HAVE BEEN JAILED Law Provides 14 Years An American billionaire who walked away from three charges of drug importation could have been imprisoned for 14 years under New Zealand law. The billionaire, 66, admitted three charges of importing drugs after he was caught with 56g of hashish, a concentrated class B cannabis derivative, and 47g of cannabis as he entered the country to watch the America's Cup yacht racing. New Zealand law states that the importation of more than 5g of cannabis resin constitutes possession for supply and attracts a minimum sentence of 14 years imprisonment. However, the man was discharged without conviction and was granted name suppression when he appeared in the Otahuhu District Court last Friday. The name suppression was rendered largely ineffective after the man's name appeared in newspapers in his home town and on several Internet sites. The Internet also contains several references to the Cleveland-based insurance tycoon, who heads a company with sales of almost NZ$10 billion a year. He is a philanthropist who has donated several million dollars to the arts, and to a group called Americans for Medical Rights, the sponsors of several state ballot initiatives permitting the medical use of marijuana. He has been described as one of America's foremost boardroom mavericks, an innovative visionary and risk-taker who built his company from 100 to 14,000 employees in 30 years. The University of Canterbury's Professor John Burrows, a media law expert, said yesterday that, from his reading of brief summaries of the case, there must be some "rather special" circumstances underlying the judge's decision. "From the brief summaries I have read, it certainly seems very unusual, both in terms of the name suppression and the discharge." Professor Burrows said a similar case occurred when a well known public figure was granted name suppression in 1994 on fraud charges related to taxi chits. Marie Dyhrberg, who as the lawyer for the American businessman has stoutly defended the suppression, slammed the suppression in the 1994 case as president of the Criminal Bar Association. "You might see it as that way (contradictory), but I am not about to debate the merits of this case. "The 1994 case was a question of honesty and a person going into a position where honesty was relevant," she said. Ms Dyhrberg heads a group of prominent lawyers calling for automatic name suppression until conviction. However, in the 1994 case she believed suppression had been used wrongly. The New Zealand Herald newspaper has applied to the courts to have suppression overturned in the latest case. Editor Stephen Davis said there were suspicions the man was discharged without conviction because he was wealthy. "The suspicions are in this case that the man's wealth and his ability to hire a good lawyer contributed substantially towards his name being suppressed and no conviction being entered in circumstances where other people have been treated differently," Mr Davis said. The newspaper's application was yesterday opposed by counsel acting for the businessman. Judge Stan Thorburn sought further detail after the man's lawyer questioned the district court's jurisdiction in hearing the matter. The Herald's right to make the application was also challenged. The Herald will today ask the court to transfer the matter to the High Court for a hearing. The Aotearoa Legalise Cannabis Party said last tonight the controversy highlighted the need for the Government to admit that the law was in disrepute. The party said: "There is no justice when the rich walk free, where the poor would be jailed." - --- MAP posted-by: Eric Ernst