Operation Lime

=Introduction=

Following a two year undercover operation, police arrested 257 people including the entire staff of Switched on Gardener. Police allege that they have broken the corner stone of organised crime and commercial cannabis cultivation in New Zealand. In reality many of the arrests were for minor offences committed by staff members in their own time. There is no evidence that Swiched on Gardener has been operating illegally or encouraging staff to break the law. Where police could find no law breaking, staff were charged with extremely dubious charges such as selling 'Norml News', Gardening books or nutrients. In some cases undercover officers repeatedly badgered shop attendants with stories like "my mom has cancer, I need to know this light will work to grow cannabis", until they got tacit acknowledgement that yes the equipment would work for that purpose, which was enough to charge the workers. Seemingly the aim of Police was to use Bail conditions to impose their own made up rules upon Switched on Gardener and other legitimate Gardening stores. For a few weeks all customers were required to present ID and give details which were made available to police, luckily once this was scrutinised by a judge, these onerous conditions were thrown out, as this is a gross breach of privacy and freedoms for customers who are not breaking any laws. The other aim appears to have been to seize as many assets as possible including businesses and the homes of people who only had small scale personal grows for medical use, using the Criminal Proceeds (Recovery) Act 2009. Bush Lawyer encourages anyone arrested in operation Lime to challenge their charges, or if you have already been prosecuted contact us with the details of your case so we can get an accurate picture of what took place. It is absolutely necessary to build a public database of the violations of the New Zealand Bill of Rights by the Police given the dubious nature of these arrests. This operation is obviously politically motivated and was timed to coincide with Law Commission recommendations regarding relaxing drug laws. Given that police are on very shaky legal ground, it would seem like they are trying to make a psychological attack on the NZ Cannabis Community. Please help support Swiched on Gardener and those arrested by writing to the media and attending protests like J Day. Police are claiming that hydroponic gardening has no other use except for growing cannabis. They are hoping for a complete ban of indoor growing. Together we can spread cannabis truth and hopefully avoid the perils of a Police State.

=Related Operations= Operation Bitters

=Court Cases= The execution of Operation Lime cost well into the millions of taxpayer dollars. We try to catalogue all the information about the case to reveal what happens in these types of scenarios.

Targets
Search warrants executed in every Police district

36 Businesses, >100 residential addresses

Auckland: 12 businesses, ? homes

Bay of Plenty: 3 businesses, ? homes

Christchurch: 3 businesses, 6 homes

Dunedin: 3 business, 3 homes

Invercargill: 1 businesses, 1 home

15 Branches and Distribution Centre of Switched On Gardener (Whangarei, Glenfield, Henderson, New Lynn, Pakuranga, Manukau, Hamilton, Tauranga, Hastings, Upper Hutt, Wellington, Nelson, Christchurch City, Linwood, Dunedin)

Independent shop in Taupo

Pet and Garden Supplies (Chistchurch)

Green Day Hydroponics (Mt Maunganui)

Company Directors and Managers

Charges
>250 individuals facing >750 charges

Auckland: 30

Bay of Plenty: 8

Christchurch: 11

Dunedin/Invercargill: 5

cultivation of cannabis, participating in an organised criminal group, supplying material for the cultivation of cannabis, supplying equipment for the cultivation of cannabis, supply cannabis, cultivation of cannabis, possession of cannabis for supply

Defendants
Joanna Mary McNeill - 9 x supplying material for the cultivation of cannabis, 4 x supplying equipment for the cultivation of cannabis, supply cannabis, cultivation of cannabis, possession of cannabis for supply

Michael Dennis Ross - 3 x supplying material for the cultivation of cannabis, 4 x supplying equipment for the cultivation of cannabis, supply cannabis, cultivation of cannabis, possession of cannabis for supply

Catherine Anne Collins - supplying material for the cultivation of cannabis, supplying equipment for the cultivation of cannabis

Ian Robert Kerr - 2 x supplying material for the cultivation of cannabis, 2 x supplying equipment for the cultivation of cannabis

Maree Sanders - 3 x supplying material for the cultivation of cannabis (including a book titled Indoor Marijuana Horticulture), 2 x supply cannabis, offering to sell a cannabis plant, cultivation of cannabis, possession of cannabis for supply

Brian Wood - 2 x selling cannabis, 5 x supplying material for the cultivation of cannabis, cultivation of cannabis, possession of cannabis for supply

Peter John Orendowicz - possession of cannabis for supply, possession of equipment for the cultivation of cannabis - conviction overturned on appeal!!! see full judgement at http://www.scribd.com/doc/72758754

Police
Deputy Police Commissioner Rob Pope - Press releases for Police

Detective Inspector Stu Alsopp-Smith - Auckland metro crime operations, was in charge of the Auckland part of the operation

Detective Inspector Steve McGregor - Southern District Crime Services Manager

Prosecutors
Sergeant Graham Ford (Whangarei)

David Pawson (Tauranga)

Constable Michael Tualii (Christchurch)

Judges
Justice of the Peace Ryan Bruce :)

Judge Peter Rollo :)

Judge Patricia Costigan :(

=News Stories= (enlightening paragraphs reproduced in bold)

Police 'testing courts' in drugs case - lawyers

Lawyers say police are testing the courts in their unprecedented drug bust that gardening equipment suppliers are complicit in cannabis cultivation

Auckland barrister Andrew Speed said police would have to show the gardening shops knew that their equipment would be used to grow "illegimate herbs".

This was especially because such outfits had never been prosecuted before, Mr Speed said.

"These businesses have been operating for years and police may have thought they'd at least have a go and test it in the courts," Mr Speed said.

"These may be very difficult charges to prove."

Barrister Steve Bonnar said the charges would likely come under the Misuse of Drugs Act and hinge on proving that suppliers knew their equipment would be used to grow cannabis or that they were being reckless.

"The battle lines will be drawn on what the knowledge was," Mr Bonnar said.

The Misuse of Drugs Act section 12a states it is an offence to supply equipment knowing it "is to be used" to cultivate prohibited plants.

The offence carries a maximum penalty of seven years in jail.

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10641390&pnum=0

It's Cannabis & Co - cops

Police...swooped on 35 businesses and at least 100 homes throughout New Zealand

http://www.nzherald.co.nz/auckland-region/news/article.cfm?l_id=117&objectid=10641316&pnum=0

Bust 'breaks cornerstone' of cannabis industry

Once police knew who was buying the gear, they launched more stings to catch their targets in the act of growing and selling drugs.

Mrs Collins said today's arrests would send a strong message to those who tried to produce drugs in New Zealand that they would be caught.

"The message to those who manufacture and sell drugs in our community is that the Government and the police are determined to shut down your activities, and will use every tool at their disposal to do so," she said. (does this indicate that Police routinely overstepped the bounds of what was lawful in their single minded pursuit of "dope growers", a la the paradigm in the Uruwera Case, and is this one of the reasons the Video Surveillance (Temporary Measures) Bill needed to be passed?)

http://www.nzherald.co.nz/crime/news/article.cfm?c_id=30&objectid=10641184&pnum=0

Drug swoop targets national shop chain

http://www.stuff.co.nz/national/crime/3630003/Drug-swoop-targets-national-shop-chain

Police raids hit cannabis-growing industry nationwide

http://courtnews.co.nz/story.php?id=2706

Alleged cannabis gardeners' shop to record customers (Defendants: Joanna Mary McNeill, Michael Dennis Ross, Lawyer: Jonathan Eaton, Prosecutor: Constable Michael Tualii, Judge: Patricia Costigan)

McNeill was also required to surrender her passport, which had already been taken by the police during [the] searches

http://courtnews.co.nz/story.php?id=2707

Switched on Gardener targeted in drug bust

The two-year police sting, Operation Lime, has been labelled one of the country’s biggest ever drug busts.

http://www.3news.co.nz/Switched-on-Gardener-targeted-in-drug-bust/tabid/423/articleID/153060/Default.aspx

Cannabis case complex

'''The Police Minister is praising good old fashion detective work for the exposure of the ring. Judith Collins says it has been a long hard slog for those involved.'''

"I'm very pleased with the fact that police have been able to bring the matter to such a successful conclusion in terms of the investigation, which involved a lot of undercover work."

http://www.newstalkzb.co.nz/newsdetail1.asp?storyID=174717

Police swoop on cornerstone of illicit cannabis cultivation industry

'''“Criminals buying equipment for their cannabis grows were observed and followed. If people purchase these products for illegal purposes, they can expect to receive a visit from the Police.”'''

...Proceedings would also be commenced under the new Criminal Proceeds (Recovery) Act 2009 to strip criminals of money and assets.

http://www.police.govt.nz/news/release/23046.html

Southern District Police Target Cannabis Growers in Operation Lime

Southern District Crime Services Manager, Detective Inspector Steve McGregor, said police undercover officers were deployed in the Southern District as early as 2008

..."As a result of the national operation, Southern District police initiated a second operation codenamed Operation Bitters, targeting customers who had purchased equipment from Operation Lime targets," Detective Inspector McGregor said.

"As of this morning, 38 search warrants have been executed throughout the Southern District at residential addresses of customers who visited these businesses.

http://www.police.govt.nz/news/release/23047.html

Lime leaves bitter taste for Waikato cannabis growers

http://www.police.govt.nz/news/release/23050.html

Operation Lime sours Wellington cannabis industry

http://www.police.govt.nz/news/release/23049.html

Progress on Operation Lime

http://www.police.govt.nz/news/release/23054.html

Judge refuses drug bust bail condition (Defendants: Maree Sanders, Brian Wood, Lawyers: Glenn Dixon, Craig Tuck, Prosecutor: David Pawson, Judge: Peter Rollo)

A Tauranga judge has refused to impose a bail condition on those charged after police raids of hydroponic retailers premises on Tuesday.

Judge Peter Rollo said ordering the accused to keep a register of their future sales, was "excessive" and an "unnecessary intrusion" into the public's personal affairs.

...lawyer Craig Tuck and Glenn Dixon who represents Sanders both argued that the condition was an unreasonable limitation on their clients' rights to carry on with their employment and intruded on the rights of members of the public.

Judge Rollo agreed, saying the bail condition was "excessive" and "an unnecessary, and unusual intrusion into the personal affairs of members of the public".

http://www.bayofplentytimes.co.nz/local/news/judge-refuses-drug-bust-bail-condition/3913338/

Drug shop suspects told: Give us the names of your clients (Defendants: Catherine Anne Collins, Ian Robert Kerr, Lawyers: Dave Sayes, Aaron Dooney, Prosecutor: Sergeant Graham Ford, Judge: Justice of the Peace Ryan Bruce)

court has rejected a police demand that two Whangarei retailers caught up in a national drug bust hand over the names and contact details of their customers, saying the request was not justified and reasonable.

...Lawyers acting on behalf of the pair described the move as outrageous, saying it was a breach of the Bill of Rights and their clients were effectively being asked to gather evidence for police.

...As part of their bail conditions, police wanted them to obtain personal details of customers such as their name, age, address, date of birth, contact details and photo identification as a condition of sale.

...But Collins' lawyer Dave Sayes said it was an over the top, outrageous request and police wanted everything except the customers' fingerprints.

...Justice of the Peace Ryan Bruce said he did not think the police request was justified and reasonable, although the charges were extremely serious.

http://www.northernadvocate.co.nz/local/news/drug-shop-suspects-told-give-us-the-names-of-your-/3913299/

=Public Feedback=

This was posted in the Norml forums last night (May 6 2010)

According to my cousin whose house was raided, it seems that a day or so after the hydroponic garden centre raids police around the king country in cahoots with court bailiffs raided around 90 houses in that area under the guise of collecting outstanding court fines. While in his house it became clear to him that they were looking for grow rooms. Apparently of the 90 or so houses raided only one grow room was found but half a million dollars in property was confiscated.

So the lesson here is that this is the means by which the cops are getting around search parameters until the search and surveillance bill passes and removes those restrictions. Until then better to contact the courts and set up those payments even if its $10 a week to remove their power to raid you.

TradeMe handed over user info