Jail, home detention over cannabis deals

Two men have been sent to jail and another man given home detention for their part in a major Southern cannabis growing and selling operation.

Sentencing the trio in the High Court at Invercargill yesterday, Justice Cameron Mander said while their level of participation varied, each knew they were involved in a significant commercial criminal enterprise.

After a four-year surveillance operation called Operation Canary, police raided properties in the Queenstown area and Southland in May 2012, and arrested several men. At the time, police said the cannabis ring might have been operating for 20 years.

Yesterday, Maxwell John Mains (58), plumber and builder, of Wanaka, David Christopher James Payne (45), accountant, of Invercargill, and Andrew John Grant (54), carpenter, of Glenorchy, were sentenced separately.

Mains, who had earlier pleaded guilty to two charges of possessing cannabis for sale and two of selling cannabis, received the longest sentence, a prison term of three and a-half years.

Payne was sentenced to three years and three months' imprisonment on five charges of cultivating cannabis and one of possessing cannabis for sale, while Grant was given 11 months' home detention on a single charge of cultivating cannabis.

Mains and Payne changed their pleas the day before their trial was to begin in Invercargill in late September.

Justice Mander said Mains was jointly charged on three counts with Brian Anthony McCarthy (65), of Queenstown, acknowledged as the central figure of the drug ring. McCarthy is serving a prison term.

Mains said he was involved for only the 2012 growing season as an assistant to McCarthy, who was a friend. His role was to help strip, manicure and sell cannabis stored on Queenstown-Lakes District Council-owned scrub land at Kelvin Heights.

When police raided the land, 53 pounds (24kg) of high grade cannabis was found in one pound bags -- the usual packaging for sale to drug dealers, the judge said.

In return for his work, Mains was to receive a share of the cannabis, which he could sell. He said his share was 7lb (3.1kg) but the Crown said was 15lb-20lb (6.8kg-9kg).

Phone calls intercepted by the police recorded Mains and McCarthy discussing selling two ounces of cannabis to a person for $500, and a one pound bag to Dunedin drug dealer Frank Tainton for $3000. Tainton (63) is also in jail for his involvement in the ring.

Whatever the amount Mains was to receive, he was "significantly engaged" in the enterprise, Justice Mander said, describing him as being "at the top of the chain".

"You were clearly tempted by the profits you could make".

Mains was represented by Craig Ruane, who said Mains stood to lose his home, $112,000 in cash and a freehold section worth $650,000, all of which had been restrained under the proceeds of crime legislation. Mains was defending the restraining orders.

Payne's involvement took place over two growing seasons and involved him cultivating two cannabis plots with McCarthy and another plot by himself, the judge said.

Payne had also involved his son, Brodie Anderson, in the ring. Anderson has also been jailed.

Payne was found with 94 plants yielding 26lb-32lb of cannabis with an estimated retail value of $76,000-$99,000.

Payne's plots were "highly planned" and "relatively sophisticated", the judge said. They were surrounded by electric fencing and netting to keep small animals out.

"It was clear ... you sought to replicate the financial returns Mr McCarthy was getting, and expanded on your operation in 2012. [One of the plots] was a failure, but that did not deter you."

Justice Mander also commented on Payne changing his plea to guilty "at the 11th hour", saying he had only done so after "exhausting all challenges to the Crown case".

Payne might also have to forfeit his equity in a property he owned with his father, but the details of that were still being worked through, his counsel, Fiona Guy Kidd, said.

Grant cultivated cannabis at Glenorchy with McCarthy, the judge said. His direct involvement was to help fertilise and harvest the plants in return for cannabis for his own use.

The men, wearing balaclaves, were captured on police surveillance cameras at the plot, which contained 47 plants yielding cannabis with an estimated street value of $32,000.

Justice Mander said Grant had gone into the venture "with his eyes wide open", especially as he had previous convictions for possessing cannabis for supply and possessing cocaine for supply.

 

 

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