Judge wants Swann to have computer

Michael Swann, the fraud who used phoney computer deals to steal almost $17 million from the Otago District Health Board, might soon have his hands on a computer again - at the request of a High Court judge.

Swann is an inmate at the Otago Corrections Facility, near Milton, serving nine years and six months for fraud he committed as the health board's information officer.

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The Dunedin High Court spent almost an hour yesterday making arrangements so Swann could have his say at upcoming court hearings where the Crown is attempting to recover "tainted" assets still in Swann's possession.

Swann has the right to oppose the forfeiture of his assets at a Relationship Property Act hearing on April 14 and at a Proceeds of Crime Act hearing on April 28.

Justice Chisholm said he had received a letter from Swann suggesting he had had insufficient time to lodge his written objections, due by Wednesday under a "provisional" timetable set by Justice French.

He asked Swann when he could let the other parties know if the timetable was "OK" with him.

Swann told the judge the timetable was "not OK with me".

He said he needed to see information about the assets, compiled on to a DVD by the Crown and handed to a prison officer accompanying Swann yesterday.

Swann said he was "hopeful" of getting access to a computer he had bought for $200 so he could look at the DVD.

The computer was already at the prison but not in his possession.

The alternative to having access to the computer, he said, was to ask to have delivered 16 boxes of written information.

Crown counsel Robin Bates said he had no objection to Swann's having a computer set up as a word processor - without an internet connection - and had written to the Corrections Department.

Mr Bates was concerned that proceedings had been "dragged out" and that various assets being held "were diminishing in value".

The Crown wanted them sold and the money put on deposit.

Justice Chisholm said "for what it's worth", he would ask the prison authorities to provide Swann with a computer.

Swann responded, with a broad smile, that he would have plenty of time to work on the case, in his cell at night, and noted others in his "room" had computers.

He was "happy to be disconnected from the internet" and would send his responses to the Crown and the court on floppy discs.

Justice Chisholm said with the computer, Swann would have the necessary facilities for him to file a notice of opposition by January 18.

"I request prison authorities to immediately authorise Mr Swann to use a computer and DVD. Unless there is immediate authorisation, the timetable and fixtures arranged by Justice French are in jeopardy."

Justice Chisholm also set a date of March 11 for a hearing to settle an issue over rent from property still owned by Swann.

The rent is being paid to Swann's wife, Anna Devereux, under an order by Justice French, but the Crown claims the rent is from "tainted" property and should be paid to the official assignee.

Mr Bates said there was a "convergence of opinion" on the issue.

The longer it was left, the more difficult it would be to "claw back" the money.

Counsel for Ms Devereux, Len Andersen, said she was dependent on the income.

He noted there was no dispute between Ms Devereux and Swann in the relationship property matter.

Swann told the court he was a trustee of all the trusts that owned the property and would want to have his "10 cents worth" at the hearing about rentals.

Justice Chisholm ordered Swann be produced so he could participate at the hearing.