Criminals use false IDs to escape convictions

Offenders have been exploiting a legal loophole that lets them to go through court under a false name, sometimes resulting in convictions against innocent people.

The problem has been highlighted by a recent case in which an Auckland man was charged, convicted and sentenced for driving offences using the identity of an acquaintance.

The innocent man ended up being disqualified from driving for six months because the real offender, 20-year-old Aucklander Adam Pho Fu, was never asked for positive identification.

"What I really did was just give false details. I didn't show a licence. I just gave another name and I went through the court system as another person, and that's all I've done," he told the Sunday Star-Times.

In another case, in March, an innocent teenager who had been living and working in Auckland was convicted of drink-driving in Gore, disqualified from driving and had a warrant issued for his arrest.

The real offender, 19-year-old Te Haurua O'Reilly, was later convicted of perverting the course of justice. And three years ago, a woman using Aucklander Michelle Mane's identity was summonsed to appear in court, convicted and sentenced for drink-driving. When the real offender did not appear for community service Mane was arrested and jailed. The conviction against her was later quashed.

People stopped by police often give false names, and police have been frustrated that until recently they had not legally been able to force minor offenders to provide identification. Before October, fingerprints and photographs could be taken only if an offender was arrested.

And the courts say issues of identification are a matter for police and there is no requirement for court staff to check defendants' identities when they appear.

The legal loophole has now been closed with changes to the Policing Act, allowing police to fingerprint even minor offenders without an arrest.

But there are concerns more innocent New Zealanders have unwittingly had their names used by offenders and won't find out about any wrongful convictions until they are stopped by police, apply for a job or seek finance.

Associate professor at Auckland University's law faculty Scott Optican said the recent cases raise questions about the court process.

"The serious issue it raises is: How do you make sure this doesn't happen? In this case it's been picked up but what if that only happened in five or 10 years' time?

"It could impact on their [the victim's] credit rating. There are obviously some very serious implications for them in terms of paying fines or applying for finance..."

Fu is now facing a charge of perverting the course of justice after going through the court system using an acquaintance's identity. Four months ago, Fu was stopped by police for street racing in central Auckland while disqualified from driving.

"Because I was driving while disqualified and I thought it would be OK if I gave someone else's name. Well, I didn't exactly want to give my name ... " he told the Star-Times.

He gave police the false name and date of birth, and was charged, convicted and sentenced under those details. Fu said he paid the fine and almost got away with it.

"I was just hoping that the other guy wouldn't get caught ... I thought after a while that I would get caught but I never thought it would be that soon."

Fu believes the acquaintance found out when the police stopped him, and must have been perplexed to hear about a disqualification against his name. That was when police ran further checks of the car registrations.

"Otherwise, I don't believe the police would have found out, to be honest."

He was sorry for the trouble he caused his victim and could not explain why he chose to use his details. "I'm sorry about what I've done and I know I shouldn't have. I regret doing it and I have stopped driving since this happened."

The other man declined to comment and it is understood the conviction against him will be quashed.

In another recent case, 31-year-old unemployed Aucklander Fiona Melrose was charged, convicted and sentenced under a false name for careless driving. She now faces a charge of perverting the course of justice.

Optican called it a "pretty self-defeating proposition" to give false details for a minor offences. "I think you're very likely to get caught... Why would you risk this sort of behaviour?"

Police played down the problem, saying there were no figures to suggest such cases were common. However, Justice Ministry officials said they did not keep a record of how many people were convicted using false identities.

- Sunday Star-Times