A gang kingpin alleged to have imported “huge quantities” of drugs, including methamphetamine, never indulged in the substances and instead spoke of “junkies” lying and cheating to get their next fix.
Waikato Comancheros boss Junior Heart, previously known as Sonny Fatu jnr, counselled gang members not to use the substances so they could “maintain order in their lives,” Crown solicitor Jacinda Hamilton told a jury of six men and six women in the High Court at Hamilton today.
“He spoke negatively about people who he perceived as junkies, who he thought would lie and cheat in order to get their next fix,” she said.
She claimed he said drugs were a “scourge” and affected people’s functioning and ability to maintain order in their lives.
Heart originally faced 110 charges, mostly relating to the supply of methamphetamine, but also cocaine and MDMA, and possession of firearms and explosives.
However, in recent days he has pleaded guilty to 73 charges, more than 50 of which relate to the supply of meth around the Waikato, supplying MDMA, offering to supply meth, supplying materials used in meth production, unlawful possession of firearms and explosives, and participating in an organised criminal group.
He is still fighting charges related to supply, offering to supply and conspiring to supply about 50kg of meth, conspiracy to murder another gang member Heart felt had ripped him off 10 bitcoin, conspiring to kidnap that man, and conspiring to chop another man’s finger off.
Hamilton told the jury police managed to combat the alleged hit by arresting the unsuspecting “victim” and keeping him in custody.
The offending allegedly occurred between November 2019 and June 2021.
Hamilton told the jury that Heart peddled the drugs with one focus.
Money.
“It was his business.
“It was how he earned a living and how he was getting rich and growing his power.”
Hamilton said a kilogram of meth was worth $180,000 to $220,000 between October 2019 and June 2021.
Heart could source meth and cocaine from China and Mexico for between US$5000 ($8450) and US$10,000 ($16,900), “making it a very profitable business”.
She claimed Heart, who was “exacting and ruthless,” was selling meth in kilograms and ounces to others below him in his group to make their own profit.
Revealing details of the wounding charges, Heart is alleged to have told another man that he was “thinking about chopping [man’s] finger off tomorrow, lol”.
“Need butcher knife and hammer”, he reportedly said. The other man allegedly replied, “send him the gangster message”.
The conspiring to murder messages involved Heart “ordering the hit” of a man in 2021 who was in Colombia, Hamilton told the jury.
Heart had become unhappy with a man who had a drug debt with him and gave him bitcoin as payment.
Over many months, the man disagreed with the extent of the debt, “so much so that Mr Heart became angry”.
Heart suggested potentially kidnapping one of the man’s family members to get him back to New Zealand, and told his Comanchero gang contact he wanted to “get the c***”.
The contact said he would “get him put to bed. no problem”.
He messaged Heart again, confirming he wanted the man “killed”.
“You want slept correct?”
Heart responded, “correct”, before floating the idea of torturing him so he could pay his bill.
“The reason I say torture brother is because he was a dark web guy so he will have heaps of crypto.
“If too much headache, sleep time for him.”
The target returned to Hamilton, and police arrested him to keep him safe.
At the time of his arrest in June 2021, Hamilton claimed Heart was waiting on a 270kg shipment of meth from overseas, after telling his contact that he would “take as much as [he] could possibly offer”.
As for cocaine, the amounts sold “paled in comparison” to meth, but he was allegedly supplying it around May and June 2020, after the first Covid-19 lockdown.
At one point cocaine was “the champagne of drugs” but when supplies increased, prices dropped and it was soon on par with meth.
As for MDMA, also known as ecstasy, about 5000 pills could be pressed from 1kg of the drug.
She claimed Heart sourced 2kg of MDMA between March 2020 and June 2021.
Heart had already pleaded guilty to charges relating to the distribution of MDMA.
Hamilton said Heart’s business ran like a “well-oiled machine”.
“He set the prices.
“He determined what quantities others in the syndicate could receive at any one time.”
Some of his right-hand men were paid a wage, she said.
She alleged Heart, commander of the Waikato chapter of the Comancheros, was the ringleader.
“He was the commander in the Waikato and his influence amongst those affiliated with the Mongrel Mob was also strong given that he had previously been a patched member of that gang.
“It is the Crown case that he was the controlling force of that syndicate and that he profited significantly from the activities.”
Junior Heart acknowledges a supporter in the public gallery of the High Court at Hamilton this morning as his approximate three-week trial kicks off.
Belinda Feek/Open Justice
‘The defence and its four key issues’
Heart’s counsel Sam Wimsett KC said the defence had four key issues, some applying to more charges than others.
The first was whether a planned deal actually happened.
As for the conspiracy charges, there was an issue whether there was an actual agreement.
“Whether it’s more than chit chat, general ideas, spitballing, or whether there was in fact an agreement.”
Another issue would be doubling up, whether an offence is already captured by another charge.
The final issue was whether there was “another person or persons” who doesn’t feature as part of the prosecution case.
“Has anyone been missed who could explain some things did or didn’t happen?
“Mr Heart is undoubtedly, and was undoubtedly, a criminal, he accepts that, but not to the extent that’s alleged by the Crown.
“How far does his criminality go?”
‘The fake software that duped criminals worldwide’
Hamilton outlined for the jury how police discovered the FBI were investigating Waikato-based criminals.
Before September 2019, police and customs were already investigating two New Zealanders living overseas who they believed were importing drugs into the country.
One was a “self-styled commander” of a gang based overseas and believed to have been importing meth, cocaine and MDMA.
The other lived in another country, and police believed he was “actively assisting” him.
During that investigation, they were alerted to the arrival of a package of Dedicated Encrypted Communication Devices [DECD].
Hamilton said criminals “savvy” with police techniques often used pre-paid phones and spoke in code to keep their communications private.
However, it usually didn’t take long for police to crack the codes and take the offenders down.
Hence the development of DECDs.
In 2019, police had never seen them.
They looked like a regular mobile phone, but their functions were limited to sending voice messages or photos.
At that stage, a 6-month subscription cost up to $4000 per device.
In September that year, Customs identified a package from Hong Kong containing 20 devices, destined for a Waikato property.
The package was listed as containing lithium-ion batteries.
Then another package arrived.
After earlier covert investigations, police were able to unlock the devices using a password and found they were running on an encrypted network called ANOM.
“That was completely new to police. They were not aware of the ANOM software.”
After getting High Court permission to track the devices, they obtained the communications sent by and between them.
The police investigation was dubbed Operation Equinox.
Hamilton said Heart had a DECD device “and was actively using it”.
But given the encryption, a “very frustrating phase” began for police as although they could see messages being exchanged, they couldn’t read them.
“Police knew the communications were there, but they were effectively blind to them.”
They found ANOM operated out of Panama, and the company stated it wouldn’t answer to any search warrant outside that country.
“So, the police knew messages were being sent and who between.
“They were confident criminal activity was occurring, and they could do very little to interfere with it.”
At that stage, Heart was going by his former name, Sonny Fatu Junior.
He soon after officially changed his name to Junior Heart.
On December 18, 2019, Heart travelled to Phuket with Joseph Edmonds, who changed his name to Josef Heart around the same time.
Moving into 2020, police discovered the Hearts were involved in the supply of drugs.
By March, they learned ANOM was a “carefully planned and well-executed” software developed by the FBI and marketed to criminals worldwide.
At that stage, the FBI was targeting transnational criminal groups involved in serious offences.
Like police in other countries, the FBI didn’t want NZ Police to compromise their wider operation so they had no option but to “watch, wait and work on piecing together the very many transactions being undertaken”.
Police would ultimately end up with all communications between October 2019 and when the operation wrapped up in June 2021.
The trial, overseen by Justice Brett Tantrum, is set down for about three weeks.
Police say a person who fired a gun at officers in Napier is still at large.
Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.
He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.
“Staff have then heard two distinct gunshots as the firearm was discharged.
“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”
He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.
Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.
Lamb said people who lived at the Manurewa address were engaging with Police.
He said Eastern District and Counties Manukau Police were making enquiries.
“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.
“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”
Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.
Information could also be provided anonymously via Crime Stoppers on 0800 555 111.
The players tasked with ending Australia’s Rugby League World Cup dominance have been named.
The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.
Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.
“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.
The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.
Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.
Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.
Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.
His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.
Fisher-Harris will again captain the team.
Fullback Ponga said the goal of the group was clear.
“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”
Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.
Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.
Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.
Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.
“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.
Multiple opportunities to identify and mitigate a multi-million-dollar budget blowout at RNZ appear have been missed, according to the former executive director at Audit New Zealand.
The public broadcaster on Monday revealed a near $12 million shock financial loss after a litany of financial blunders, which will now lead to sweeping job cuts.
The $11.8m loss is more than 25 times the $470,000 RNZ had expected to lose over the year to June.
CEO Paul Thompson took responsibility for the result, and said internal reports gave an inaccurate picture of the finances, meaning the scale of the loss only became clear in October.
RNZ’s former chief financial officer Hilary Parker resigned unexpectedly in early October.
The board said it would commission an independent review into what went wrong.
Independent contractor Stephen Walker, who left the Audit Office earlier this year, said the size of the loss was surprising, as was the length of time it took to identify it – months after the financial year ended.
Independent contractor Stephen Walker is a former executive director at Audit New Zealand.
Supplied / OAG
“Probably more of a concern is that they had seemingly been unaware that they were running up a significant deficit until they were in the preparation stage of their annual report in October.”
Walker said public entities typically produced monthly financial reports.
An interim audit also took place before the end of the financial year, he said, but if the organisation hadn’t identified significant losses at that stage, the auditor could also be in the dark.
“It seems that there’s a real weakness in forecasting and budgeting that’s occurred here and that the monthly accounts, when they’re produced, either haven’t identified these significant variances against budget or the magnitude of them really hasn’t come to light until right towards the end of the financial year,” Walker said.
“And really at that point, there’s no opportunity for the chief executive, the leadership team to take, and the board to take, any corrective action because the year has effectively been completed.”
Walker said the “significant miss” was difficult to account for given it was more than 10 percent of RNZ’s total funding.
He said based on RNZ’s annual report, financial complexity didn’t appear to be a factor.
“This $11.8m loss isn’t made up of one particular item … it seems to have been contributed to by a number of separate expense lines running over budget. So I don’t think it’s necessarily to do with complexity.”
Among the errors, RNZ wrongly counted $2m from land sales as income in its budget. Staff costs also came in $3.2m over budget, including $1.4m in redundancy payments.
Professor at Auckland University’s business school Norman Wong said based on media reports the issues identified were “significant and troubling”.
Norman Wong.
Supplied / University of Auckland
“But recognising the sale of land as income in their budget is a basic error that one would have expected to have been caught and corrected well before it got to this point.”
With funding reductions at RNZ over the past two years, Walker expected greater scrutiny of financial results.
“Virtually every public entity has had their annual budget reduced. And so you would expect … the leadership team on a monthly basis and board – I’m not sure how frequently the board will consider the information – but you would expect them to be interrogating the results on a regular basis throughout the year,” he said.
Walker said initiating an independent review was the correct course of action and that he’d want to understand what information the leadership team and the board were regularly receiving.
He said he’d “love to say” surprising financial results were rare, but conceded they occured on a semi-frequent basis during his time leading the Audit Office.
“The benefit of independent scrutiny by the Audit Office – and the auditors providing that support to the Auditor General – [is] that the reporting is fairly presented at the end of the year, whether it’s good, bad or ugly.”