Mongrel Mob boss hit: Man accused of shooting Daniel Eliu outside church revealed

Nov 8, 2023

“The man accused of gunning down Mongrel Mob boss Daniel Eliu outside a South Auckland church can now be named… his lawyer Matthew Goodwin had sought leave to appeal to the Supreme Court. But when his case was called at the Auckland High Court on Wednesday, Justice Matthew Downs confirmed name suppression had lapsed.” Read full article here.

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SENTENCING AT WELLINGTON DISTIRCT COURT – CLASS A, B & C DRUGS: IMPORTATION, POSSESSION FOR SUPPLY, AND CONSPIRACY TO SUPPLY

BR was represented by Matt and Ciara and pleaded guilty to 8 charges involving importation, possession for supply and conspiracy to supply class A, B and C drugs. BR had been arrested as part of Operation Skipjack, a major investigation into the importation of illegal drugs in the Wellington region. BR had earlier faced 98 charges

At sentencing in the Wellington District Court, the Crown sought an overall starting point of 15 – 16 years imprisonment.

However, Matt sought discounts for a raft of mitigating factors including BR’s guilty plea, remorse, factors relating to his upbringing, addiction and rehabilitative efforts at Red Door Rehabilitation Facility, time on bail and lack of previous convictions.

His Honour Judge Hobbs acknowledged these factors in his decision and provided a discount of 70%. This resulted in an end sentence for BR of 3 years and 7 months imprisonment, an exceptional result.

DISCHARGE WITHOUT CONVICTION – DRINK DRIVING

GJ was charged with driving with excess breath alcohol. She was assisted by Ciara, pleaded guilty early in the proceedings and applied for a discharge without conviction.

At sentencing, Ciara argued the impact of a conviction on GJ would be out of all proportion to the gravity of the offence. On the day of the incident, GJ was responding to a distressed call from a family member, was stopped by Police and returned an alcohol-breath reading of 584 mcg.

The impact of a conviction on GJ was that she and her family would lose a critical source of income. GJ had also engaged with various courses and completed community work to atone for the wrongdoing.

The matter was opposed by Police Prosecutions but GJ’s application was successful and a discharge without conviction was granted.

APPLICATION FOR BAIL – NGA KETE WHANGA SOLUTIONS

LC applied for electronically monitored (EM) bail to the rehabilitation centre Nga Kete Whanga Solutions.

The application was fiercely resisted by the Crown and Police due to concerns with the operation of the facility, which predated a change in management. The Crown filed a 9 page opposition to bail and the application was dealt with across four bail hearings.

During the hearing, Matt outlined for the judge how the facility now operated similarly to other rehabilitation facilities and additional security mechanisms had been installed by the CEO to comply with requests from Police. The facility also offers full-time supervision by staff, who reside on site for assistance – both for residents and to assist Police with bail checks.

At the final hearing, Matt was successful and LC was granted EM Bail to the address for rehabilitative purposes. The decision is now being used by other counsel as a precedent to assist their clients with getting bail to the address.

VIDEO-LINK FOR COMPLAINANT’S EVIDENCE SUCCESSFULLY OPPOSED

Ciara acted for JM who faces charges involving his ex-partner. The Police filed a mode of evidence application for the complainant to give evidence by video-link because she has since moved overseas and could not travel back to New Zealand during a certain period of time for medical reasons. 

Ciara opposed the application, arguing that the Police had not made sufficient arrangements for the complainant to attend Court by video-link and the trial date could be adjourned to accommodate her (limited) inability to travel.

The judge agreed. Police Prosecution’s application was declined and the trial date was vacated for the complainant to attend Court in person.

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