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Final appeal dismissed for men behind NZ’s biggest meth bust

Final appeal dismissed for men behind NZ’s biggest meth bust
Photo credit: Stuff

The Supreme Court has rejected applications for leave to appeal by Baltej Singh and Himatjit Singh Kahlon, ruling that their lengthy prison terms and 10-year minimum periods of imprisonment were justified given the scale and seriousness of their offending.

The men described by the courts as the masterminds behind the largest methamphetamine importation in New Zealand history have failed in final bid to challenge sentence, after the Supreme Court dismissed appeals from the leaders of an international drug syndicate.

The newly released court documents state that Singh and Kahlon had sought to challenge the 10-year minimum non-parole periods attached to their respective sentences of 22 years and 21 years' imprisonment.

Singh, a south Auckland businessman who had previously sought permanent name suppression, abandoned that application in March. He is also the nephew of Satwant Singh, one of the bodyguards involved in the assassination of former Indian prime minister Indira Gandhi in 1984.

In a newly released judgment, the Supreme Court said the case was not an appropriate vehicle to reconsider the legal approach to minimum prison terms and found no appearance of a miscarriage of justice.

The court found that the operation involved the importation of up to 741 kilograms of methamphetamine dissolved in beer and kombucha bottles and that the seriousness of the offending required a strong emphasis on deterrence.

The judgment noted that while Kahlon occupied a lower position in the operation than Singh, the harm caused by the drug trade was demonstrated by the death of his 21-year-old workmate, Aiden Sagala.

Kahlon was convicted of manslaughter after Sagala died from drinking a methamphetamine-contaminated “Honey Bear” beer can that Kahlon had given him. He was also convicted of possession of methamphetamine for supply.

The offending formed part of an international drug trafficking network involving India, Canada and the United States.

According to the courts, Singh acted as the senior figure in New Zealand and rented the storage unit where methamphetamine and cocaine were extracted and processed. Police also located $121,600 in cash in his vehicle.

During sentencing, Kahlon relied on a psychologist’s report that described him as highly compliant and suggestible, arguing that he acted out of loyalty to Singh. The sentencing judge rejected that argument, finding that compliance alone could not explain participation in an operation involving hundreds of kilograms of methamphetamine.

The sentencing judge also concluded that a standard parole period would be insufficient given the scale of the offending.

“I consider that deterring others in the community from engaging in similar offending is very important.

“Further, it is important that you are held to account for the role you played in the methamphetamine offending and I am not satisfied that the parole period of seven years’ imprisonment is sufficient for the purposes of accountability, denunciation, and deterrence of others," the court documents stated. 

The Court of Appeal had earlier dismissed the pair’s sentence appeals, finding that the harm associated with the commercial drug offending “could not be overstated”.

The Supreme Court panel of Justices Ellen France, Williams and Kós also rejected arguments that the lengthy prison sentences, combined with mandatory minimum non-parole periods, resulted in disproportionate punishment.

The court ultimately concluded that the exceptional gravity of the offending and the historical scale of the drug importation justified the sentences imposed.

The Supreme Court has rejected applications for leave to appeal by Baltej Singh and Himatjit Singh Kahlon, ruling that their lengthy prison terms and 10-year minimum periods of imprisonment were justified given the scale and seriousness of their offending.The men described by the courts as the...

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