Convicted fraudster fights on

BY AARON LEAMAN
Last updated 12:00 18/03/2010

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Convicted Hamilton fraudster John Slavich was back in court yesterday after failing to pay $60,000 in reparation.

Slavich, an accountant, was sentenced in the High Court in Hamilton in 2006 to two years and three months' jail for his part in the Operation Allsorts fraud in which he helped borrow more than $360,000 in fake loans.

In the Crown case, it was submitted Slavich was party to two fraudulent loans where he and convicted fraudster Les Orchard acted as frontmen.

After the loans were arranged and disbursed, Slavich and Orchard shared the proceeds.

Justice Heath, sitting without a jury, rejected Slavich's explanation that he had been duped by Orchard.

Slavich has since served the sentence.

Yesterday, at the High Court in Hamilton, Slavich unsuccessfully applied to have the hearing into his nonpayment of reparation adjourned.

Slavich said he objected to the participation of solicitors from the Hamilton Crown Law Office, saying an adjournment was necessary for "impartial" Crown counsel to be instructed.

Slavich has filed a complaint with the New Zealand Law Society, alleging Crown solicitor Ross Douch misled the court at his trial.

Justice Andrews declined the application for adjournment, saying Slavich's complaint to the Law Society had not resulted in any interim restraints on the Hamilton Crown Law Office.

Slavich then applied for a stay in the enforcement order for reparation, saying matters in the original judgment were still subject to a judicial process.

Slavich has filed a complaint with the Judicial Conduct Commissioner regarding Justice Heath which, he said, if successful may lead to a further judicial process and the reparation order being nullified.

Last year, the Court of Appeal dismissed Slavich's appeal against his conviction.

Slavich appealed his conviction on the grounds that evidence was improperly admitted at trial, namely evidence from one witness was given by consent but unsworn.

The Court of Appeal ruled Slavich had not shown the verdicts were unreasonable and concluded there had been no miscarriage of justice.

Two applications by Slavich for leave to appeal his fraud convictions were later dismissed by the Supreme Court.

Justice Andrews yesterday reserved her decision on Slavich's application for a stay, saying she did not consider it appropriate to give an oral judgment.

In an earlier matter, Slavich made an application for a writ of habeas corpus, a legal action in which a person can seek relief from unlawful detention.

The application came after the Official Assignee objected to Slavich being discharged from bankruptcy. Slavich argued the Official Assignee's action meant he was being unlawfully detained by the state.

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Justice Andrews reserved her decision.

- © Fairfax NZ News

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