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Ngatata Love, under cross-examination, says he didn't know about banking transactions

Tuesday 23rd August 2016

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Ngatata Love denied knowledge of various banking transactions linked to a Plimmerton property at the heart of the fraud case against the former chair of the Wellington Tenths Trust, the High Court in Wellington heard today. 

Love is charged with obtaining a secret commission and obtaining significant sums by deception. The Crown says he signed an agreement in late 2006 with Auckland property developers Redwood Group and Equinox Group to ensure they could lease land owned by the Tenths Trust, and that he received service fees through Pipitea Street Development Limited (PSDL), a company owned by his partner Lorraine Skiffington, without the trust’s knowledge. That money is said to have been used to repay a property loan.

On his second day in the witness box and under cross-examination by Crown prosecutor Grant Burston, Love said he didn't know about a transfer of $90,000 from a Westpac account to Remax, the real estate agents for the Moana Rd house, for the deposit on the house, despite being the sole signatory. 

Love also said he didn't recall faxing a copy of his driver's licence to Campbell Cowan of Westpac, and disagreed that he had sent the copy of the licence to open the account from which the deposit was paid. 

"I was asked to send it, I don't know why or by who," Love said. "I would have been asked to by probably Ms Skiffington or Shaan Stevens, I can't say." 

The court sessions have been abbreviated to one hour to allow for Love's health, although the second session this morning ended after 40 minutes when Love asked for an early break. 

Love had a clearer recollection of viewing the Moana Rd house with Skiffington and the vendors, and firmly denied that he had suggested there could be an earlier settlement on the house price, saying he thought Skiffington had made the comment: "She was buying it. She was the only one with the resources to buy it."

Earlier in the morning, the judge stopped the crown prosecutor several times to ensure he was asking Love one question at a time. 

Burston presented a letter sent via email from Kerry Knight to Matene Love in August 2006, where the developers agreed to pay $1.5 million for the right to lease the Pipitea St land. 

In a series of one-word answers, Ngatata Love denied knowing his son Matene Love had a company called Yellowstone Consulting, denied introducing Matene to the developers, denied Matene was reporting back to him and denied knowing the developers were planning to pay $1.5 million to Yellowstone. 

"How could Matene Love agree to give the developers first right of refusal to the Pipitea St project if you weren't aware of that?" Burston asked. "He couldn't," Love responded. 

Ngatata Love said he may have been told by Adrian Burr of Tramco that the Tenths Trust could make more money by leasing the land under a different arrangement. He wouldn't have passed Burr's view on to the other trustees as it was against the philosophy the trust had to keep risk to a minimum and to own both the land and the building on it, he said, adding that Burr didn't understand as he wasn't mana whenua. 

Love also denied he was ever in a de facto relationship with Skiffington after Burston referenced a draft relationship property agreement that defence counsel Colin Carruthers QC had presented yesterday. That document recorded Love and Skiffington had been in a de facto relationship since Jan. 1, 2006. 

"It was a friendship, a companionship," Love said. "With the utmost respect, it wasn't as you phrase it."

Burston had characterised the two living together as "the next stage in the relationship."

The judge-alone trial before Justice Graham Lang is continuing, with Love's cross-examination resuming after lunch.

BusinessDesk.co.nz



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