A Verdict in the TVAL Case

[joey05]

I thought MOTATs example was a composite of a few P40s but did include parts from NZ3039?

[Dave Homewood]

It's pretty much an ex-RNZAF dataplate on a Russian P-40E airframe, with a few other parts.

[johnnyfalcon]

Doesn't fill me with much confidence considering the current locations of NZ3094, NZ3119, and NZ3125

[ErrolC]

www.stuff.co.nz/national/crime/116805090/filmmaker-peter-jacksons-piranha-gene-demarco-jailed-for-fraud-and-theft

A former employee of filmmakers Peter Jackson and Fran Walsh has been sentenced to two years and five months' jail on charges including frauds against their Vintage Aviator company.

US-born Eugene (Gene) DeMarco, 57, was sentenced at the High Court in Wellington on Thursday, where the judge said DeMarco's betrayal was described as the greatest Jackson had experienced.
...
Afterwards DeMarco sent a mass email seeking references, saying he was facing four years in jail for something he had not done. Justice Karen Clark said she assessed DeMarco's public expressions of remorse against those private denials.
...
At sentencing prosecutor Sally Carter said DeMarco had made an offers about 10 days ago to settle civil claims involving the company and his former friend for significantly less than the total claim. DeMarco would have got the benefit of the settlement so his motives might not be entirely pure, she said. Neither offer was accepted.

But DeMarco's lawyer, Marc Corlett, QC, said DeMarco had exhausted all his resources and made the best offer he could by refinancing the home of his elderly mother. He had brought it all on himself but it had a catastrophic effect on DeMarco who had a partner, young child and the couple were expecting another baby.
...
As well as the criminal charges against DeMarco, he also faces civil action from The Vintage Aviator. The former friend who paid DeMarco US$500,000 for a plane has also taken action to have the deal officially recorded.

[ErrolC]

www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12282471

Jackson was called as a witness in the trial, where he described how DeMarco came to him asking for a $620,000 loan so he could buy a pair of World War II planes to save them from being sold internationally. It was to be short-term loan, paid off within a year.

But as time went on, the loan still hadn't been repaid.
...
Justice Karen Clark said DeMarco created "an elaborate series of lies".

"You put considerable thought and effort into devising and executing your fraud."

Reading from victim impact statements, she said for Jackson the deception was "the greatest betrayal he has ever experienced".

After being found guilty of fraud, DeMarco sent out a mass email telling associates he faced a four-year jail term for something he did not do, and asking for character references.

"When I now consider the authenticity of your public expression of remorse through your lawyer, I do so against the backdrop of that private denial of your wrongdoing."

Justice Clark also said DeMarco "guided" character referees in what they should say in their letters to the court.

"This explains the remarkable similarity in content and language," she said.

She declined to give him any discounts to his sentence for remorse or good character, and pointed out he had been convicted in 1999 in the US for possession of a stolen aircraft.

She did allow a discount for the effect prison will have on DeMarco's pregnant wife and young daughter.

Justice Clark sentenced DeMarco to two years and five months in prison.

[rayo]

Great now maybe TVAL can move on and issues around the ownership and residency of the various Aircraft can now be clarified and confirmed.

[Dave Homewood]

That will be sorted in the next court case...

[planecrazy]

So is that when the fate of the Corsair and Kittyhawk gets sorted?

[ErrolC]

The Judge's full sentencing notes are available
www.courtsofnz.govt.nz/cases/r-v-demarco/@@images/fileDecision?r=868.917922805&fbclid=IwAR0mILt7j1xniFhOjO22vDImmo2C6r7sfgT51FPz_Vwr_jGw2v028Ea3644

It mentions 'two sets of civil proceedings against you, one by The Vintage Aviator and the second by Mr Wulff.' Only the P-40 is discussed, no mention of the Corsair.

[ErrolC]

And on it goes

www.stuff.co.nz/national/crime/118362644/filmmaker-peter-jacksons-specialist-flyer-appeals-against-fraud-and-theft-case

The Court of Appeal has confirmed DeMarco has filed an appeal against his convictions and sentence. No date has been set for the hearing.

[emron]

Only recently hearing of the young family caught up in this mess, I now think our immediate sympathies should be for their welfare and happiness over Christmas, rather than any concerns about the future ownership of some old military hardware.

[Mustang51]

There is a balance to be struck here even if it is not Christmas. The judicial process needs to run its full course in this case as in any other.

[Deleted]

Dec 21, 2019 10:05:08 GMT 12 emron said:

Only recently hearing of the young family caught up in this mess, I now think our immediate sympathies should be for their welfare and happiness over Christmas, rather than any concerns about the future ownership of some old military hardware.

I agree with Ando - the time of year shouldn't matter, besides which the case being appealed has nothing to do with "the future ownership of some old military hardware". From my memory of the articles said young family was an element levered as part of the defence's sentencing submissions seeking leniency, something I tend to view as a cynical move. One can be sympathetic regarding the human factor while also interested in the future of certain historic machinery despite, as I said, this appeal having nothing to do with the latter.

Despite my time working in the Ministry of Justice this sort of case was above my position and I have no practical experience of such a case, but I imagine the cost of running an appeal of this nature is not insignificant.

As an appeal has been lodged should further discussion of the matter be suspended for the time being, or do we wait until a date has been set and the matter is physically back in court? I'd be inclined to lock the thread now but that's only my opinion and I don't want to tell the mods how to run the place!

[Mustang51]

I would await the commencement of proceedings and still not comment but merely factually report by direct quotes from the court on the day's events. I know that Dave would immediately can any hint of speculation here but were I the defence counsel, had I a hint of any form of perceived "bias" from a well respected world-wide aviation forum, I would be using that in my arguments and submissions like a flash ! Comment can be a very deadly two edged sword. Let the appeal run its course. After all, were any members of this Forum the subject of an Appeal on a judgement, I am sure that they would be hoping for an unbiased and even handed approach to determine either innocence or guilt. That is not determined by speculation, it is determined by the judge and jury.

[Dave Homewood]

Dec 22, 2019 9:34:02 GMT 12 Mustang51 said:

I know that Dave would immediately can any hint of speculation here

Too bloody right.

Leave it to the other forums and Facebook for all the speculative comments, etc. It is not welcome here, about any case, court proceedings or otherwise.

[emron]

Dec 21, 2019 10:05:08 GMT 12 emron said:

Only recently hearing of the young family caught up in this mess, I now think our immediate sympathies should be for their welfare and happiness over Christmas, rather than any concerns about the future ownership of some old military hardware.

All I was suggesting was a little compassion for the innocent other members of the family who are also now victims of this crime. I did not comment about nor wish to interfere with the legal process underway.

[Mustang51]

Emron, I agree with you. As I said there is a balance to be struck here.

[ErrolC]

Vintage Aviator fraudster Eugene DeMarco to be freed, Parole Board decides

www.stuff.co.nz/national/crime/122867795/vintage-aviator-fraudster-eugene-demarco-to-be-freed-parole-board-decides
A former employee of filmmakers Peter Jackson and Fran Walsh who was sentenced to jail for frauds against their Vintage Aviator company, is due to be released on parole.
US-born Eugene (Gene) DeMarco, 58, a skilled pilot of vintage aircraft and a former production manager of Jackson and Walsh’s company, was sentenced to two years and five months’ jail in December 2019.
In a decision made public on Wednesday, the Parole Board said DeMarco would be released on parole on September 30, just days after he first became eligible for release.
Until November 2022, six months after what would have been the full term of his sentence, he remained under conditions the board imposed, which included not being involved in the handling of money or management of financial accounts without the approval of his probation officer.
Parole conditions would help manage the low risk of re-offending in the community, the board said.
He has the chance of a job close to his home.
The board said DeMarco commissioned his own psychological assessment for the parole hearing. It said he now accepted responsibility for the offences, and an appeal against the outcome of his trial had been abandoned.
In prison DeMarco had behaved well, and worked to a high standard in an unspecified but “very trusted job”, the board said.

[saratoga]

Plenty of fruit picking jobs available for ex-cons...

[l29]

Slap on the hand then.
What a waste of time that was.