Dave Sayes

Drug shop suspects told: Give us the names of your clients (original article)

A Northland 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.

Other courts around the country allowed the police request.

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.

No plea was taken when the manager of Whangarei's Switched on Gardener, Ian Robert Kerr, 51, his partner and colleague Catherine Anne Collins, 44, appeared in Whangarei District Court yesterday.

They were arrested as part of a two-year undercover police operation, code-named Operation Lime, that targeted individuals and businesses allegedly selling equipment used for growing cannabis.

Officers swooped on 35 businesses across New Zealand - including all 16 branches of Switched On Gardener - alleging employees sold drugs, cannabis plants and growing equipment to undercover police.

Kerr is facing two charges of supplying material for the cultivation of cannabis and two of supplying equipment for the cultivation of cannabis.

He allegedly supplied seed-raising mix, cloning equipment, grow lamps, an electric fan, carbon filter, ducting, a timer and two bottles of liquid fertiliser.

Collins is charged with one count of supplying material for the cultivation of cannabis and one of supplying equipment for the cultivation of cannabis.

She allegedly sold an electric fan, carbon filter, ducting, a timer and two bottles of liquid fertiliser.

The alleged offences were committed between January and August 2009.

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.

Prosecutor Sergeant Graham Ford said the request seemed unusual but the Bail Act gave courts powers to impose conditions to ensure accused persons did not re-offend while on bail. He said there was no opposition to the business continuing as usual.

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

Aaron Dooney, who represented Kerr as his duty solicitor, agreed that the request was unreasonable. Both lawyers requested name suppression for their clients, which was opposed by Mr Ford.

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

Kerr and Collins are on bail. They will reappear on May 19.