Wiping of phone ‘idiotic', judge says
However, Judge Raoul Neave granted Skye Marie Spencer, 33, a discharge without conviction in the Queenstown District Court this week on the grounds a conviction would have a disproportionate impact on her employment and immigration status.
Police executed a search warrant at Spencer's home last year after suspecting her of importing the class A drug, a psychedelic drug also known as magic mushrooms.
Her refusal to provide access to her cellphone meant the officer in charge was unable to put it in flight mode, which would have protected its contents.
Although he placed the device in a Faraday bag to block electromagnetic interference, it underwent a "remote wipe" as soon as he removed it from the bag at Wānaka police station, Judge Neave said.
The defendant, who used her laptop to wipe the phone immediately after the search, later told police she had personal material on the device she did not want them to see.
She later admitted a charge of attempting to obstruct the course of justice, entering the plea after ESR analysis found the substance she had imported was not psilocybin.
Judge Neave said the Crown's position was she had intended to destroy evidence of her attempt to import the drug, and police were unable to retrieve the deleted material.
That was at odds with the submissions of defence counsel Paige Noorland, who said police were able to complete a full investigation, and retrieved at least some of the data.
Ms Noorland said Spencer's wiping of her phone may have been deliberate, but was also "naive, fleeting and opportunistic".
Judge Neave said the defendant claimed her actions were unrelated to the drug allegation, and motivated by a wish to keep material of an "intimate, personal nature" from the prying eyes of the police.
"Assuming that were true for the moment, whilst understandable, she had rather forfeited the right to those sorts of decisions when she was so stupid as to start to import a Class A drug," he said.
Despite her claim that she did not realise the seriousness of importing psilocybin, it must have been "blindingly obvious" that wiping her phone after receiving a search warrant was a criminal act.
There was irony in the fact she may not have appeared in court at all but for her "idiotic actions on the spur of the moment".
Turning to the discharge application, Judge Neave said the defendant had two long-standing jobs that required her to travel overseas, especially to the United States.
Although her employers remained supportive, a conviction would make that travel more difficult, and put her current and future employment at risk.
Because she was an Australian national, it would also make her eligible for deportation.
Losing her immigration status would jeopardise her relationship with her partner, who was a New Zealand citizen.
She had no previous convictions, and otherwise appeared to be a "responsible, hard-working and well-regarded young woman".
For those reasons, he decided the consequences of a conviction outweighed the seriousness of her offending and granted the discharge.
guy.williams@odt.co.nz
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
1News
6 hours ago
- 1News
New effort to find man's head after Australian reality TV star charged
Australian police searching for a man's decapitated head have identified several key locations of interest near a coastal town. Authorities have been unable to find the entire remains of Julian Story, 39, after his dismembered body was discovered at Port Lincoln in South Australia on June 19. Tamika Sueann Rose Chesser, 34, a former Beauty and the Geek contestant, has been charged with his murder. Detective Superintendent Darren Fielke said information received by the investigation team coupled with the use of specialist equipment has identified several additional search sites around Port Lincoln. "New search areas have been identified and by undertaking these renewed searches, we hope to find Julian's missing remains, which will give comfort to his family and allow them to peacefully lay him to rest," he said in a statement today. ADVERTISEMENT Police searching for Story's head has spanned Port Lincoln reserves, parks, bushland, the ocean, pier and bay areas and involved state emergency service volunteers, water police, divers and local patrols. Previous searches were paused on July 1 as police reviewed CCTV footage to pinpoint the movements of the ex-reality TV star accused of his murder. Police found Story's body after firefighters were called to a Flinders Highway property to investigate reports of a blaze. Chesser, who police said had been in a relationship with Story for several months, was arrested on June 19 after Story's body was found at the couple's home. She was known to walk through back streets and parks in the Port Lincoln area with her dogs. Tamika Sueann Rose Chesser wearing a black headscarf and black full-body coverings. (Source: South Australia Police ) Authorities were appealing for video from members of the public that might help the police investigation.
1News
11 hours ago
- 1News
Mama Hooch rapists appeal convictions, victims attend hearing
The Mama Hooch rapists' High Court appeal has been heard in Christchurch, almost two years after they were jailed. At the one-day hearing yesterday, their defence team called for a retrial, claiming the way their six-week judge-alone trial was conducted led to a miscarriage of justice. The Jaz brothers were convicted on 68 of the combined 113 charges they faced, for stupefying and subjecting 17 young women to sex attacks. Danny Jaz was sentenced to 16 and a half years in prison while his brother, Roberto, was jailed for 17 years. The brothers are both appealing their convictions and sentences for heinous sex crimes the trial judge described as predatory and prolific. They didn't appear in court as their appeal was heard. However, in court for the appeal were several survivors of the pair's crimes. Sophie Brown spoke outside court, saying: "These are dangerous men. They have little remorse for what they've done." ADVERTISEMENT During the hearing, defence counsel Ron Mansfield KC told Justice Cameron Mander: 'The appellants did not get a fair hearing in the lower court, and there was a significant miscarriage of justice. In effect, the judge simplistically ran roughshod over the defence cases in relation to each grouping of charges.' He argued, at the conclusion of their six-week judge-alone trial, that Judge Mabey didn't permit Crown or defence closing arguments to save time, ahead of a second trial of a fourth defendant. Summary: The morning's headlines in 90 seconds, including death of a The Cosby Show actor, vape product recalled, and how working less makes us feel better. (Source: Breakfast) 'This was literally weeks into a very long fixture and in and of itself establishes both a predetermination and bias in favour of the crown's case against the defendants before he's even had an opportunity to hear all of the crowns evidence let alone that defendants have the opportunity of making an election and calling evidence for him to consider," Mansfield said. He added: 'The only answer to it, given its magnitude, is setting aside the verdicts and returning the matter to the District Court for a further trial," Mansfield said. The Crown, which gave a two-day opening at the start of the trial, agreed it would have been preferable to have closing arguments, but pointed out the defence accepted it at the time. Crown prosecutor Charlotte Brook stated in her submission: 'Despite the absence of closing addresses, with the combination of his questioning, his discussions with counsel and the 147 arguments that took place, he was indeed well aware of the defence to be run on all of the charges.' ADVERTISEMENT Defence lawyer Ron Mansfield. (Source: Pool ) Several victims sat in the back of the court with support people to listen to the appeal, while others watched online. Survivor Sophie Brown was among them and said outside court they had a lot of anxious energy leading up to the hearing, but felt it was important to be there to show they care deeply about keeping the men behind bars. "These are dangerous men. They have little remorse for what they've done. They're appealing, which shows they think they shouldn't have had the sentences they got, and they should be out,' Brown said. Sophie Brown (GEORGE HEARD/POOL) (Source: 1News) Brown said of the possibility of a retrial: 'While it's a small chance, it is still quite anxiety-inducing, and the reason for that is it took six years for this to go to court. "I don't know if all the survivors would go through that again'. Justice Mander has reserved his decision.
1News
11 hours ago
- 1News
Australian escort wants to give evidence at Pauline Hanna inquest
Australian sex worker Madison Ashton has asked to give evidence at the inquest into the death of Auckland health manager Pauline Hanna. Hanna, who managed the roll-out of the Covid-19 vaccine as an executive director at Counties Manukau Health, died in her Remuera home on April 5, 2021. Her husband, former Auckland eye surgeon Philip Polkinghorne, was found not guilty of murdering her after an eight-week trial last year. The Crown argued Polkinghorne killed his wife after a possible violent struggle, while he may have been under the influence of methamphetamine. Pauline Hanna, Philip Polkinghorne and Madison Ashton. (Source: 1News) ADVERTISEMENT The defence maintained Hanna died by suicide after many years of struggling with depression, compounded by work-related stress. Ashton – Polkinghorne's former lover – was called as a witness for the Crown but did not turn up during the trial. She told other media she decided not to give evidence at the trial due to being unhappy with the police's treatment of her. Ashton had since approached Coroner Tania Tetitaha's office, indicating she had evidence relevant to the circumstances of Hanna's death. This could now be revealed as the Coroner lifted a previous non-publication order. The next pre-inquest conference is set down for August.
