Swann trial now in Christchurch

The trial of Michael Swann on a charge of allegedly accepting a corrupt payment from long-time friend Robin Sew Hoy has been moved to the High Court at Christchurch.

• Court case shifts 'more common'

Swann and Sew Hoy were originally to face trial in the High Court at Dunedin on one charge each under the Secret Commissions Act, but the trials have been split and Swann's trial moved to Christchurch to begin some time in March next year.

Sew Hoy's trial is scheduled to begin in the High Court at Dunedin on September 28.

A minute issue by Justice John Fogarty, of Christchurch, confirmed Swann's trial had been transferred.

It said the reasons for the move could not be reported until after the criminal proceedings were completed.

The corrupt payment charge alleges Sew Hoy made, and Swann accepted, what the Crown says was essentially a $757,684.89 kickback in respect of $4,743,167.53 of Otago District Health Board IT help desk services work directed to Sew Hoy's company, Innovative Systems Ltd, between January 14, 2000, and November 3, 2006.

The men were committed in November 2007 for trial.

At a depositions hearing in November 2007, Crown counsel Robin Bates said Swann and Sew Hoy had been friends since childhood.

Before Swann was employed by the ODHB in 1998 to manage its IT functions, the board operated an in-house IT help desk, although Sew Hoy's company had been conducting business in a relatively small way with the board.

After 1998, there was a significant increase in the work carried out for the board by Innovative Systems.

From January 2000 until September last year, any work Innovative Systems carried out was charged at $95 an hour, a rate the Crown contended was excessive and above industry standards.

Between January 14, 2000, and November 3, 2006, the ODHB paid $4,743,167.53 to Innovative Systems for services and consultancy provided, namely the IT help desk.

Of that amount, Innovative Systems paid $757,684.89 to Swann's company Computer South Ltd.

No invoices were generated by Computer South and the Crown says there was no justification for any payment by Innovative Systems to Computer South or, in effect, Swann.

This was simply a kickback in respect of ODHB work directed to Innovative Systems by Swann, Mr Bates said.

University of Otago criminal law professor Kevin Dawkins said often the reasons for moving a trial related to a perceived risk of prejudice or lack of impartiality among the jury pool and/or publicity that would prevent a fair and impartial trial in the court where the trial was originally scheduled.

"One can only speculate [about this case], but these had been broadly the principles on which similar cases had successfully sought relocation."

It was the defendant's job to persuade the judge that the perception a fair trial could not be got existed, he said.