Billy Te Kahika found guilty of failing to declare donations

William “Billy” Te Kahika has been cleared of charges of obtaining by deception, but been found guilty of four charges relating to his Electoral Commission returns.

The failed politician was emotional in the dock as he wiped tears and clung to his bible in the jury decision returned Friday night.

After four hours of deliberating the jury returned not guilty verdicts for the more serious charges of obtaining by deception that related to two separate donations totalling $15,000.

They then found him guilty of four charges including failing to declare donations, and failing to keep records so his return could be verified.

The Crown prosecutor, Joanne Lee, said Te Kahika took political donations totalling $15,000 in the run-up to the national election in 2020.

Lee said Te Kahika spent the money on himself and his family. He then filed a false candidate donations return with the Electoral Commission and failed to keep adequate records.

Te Kahika’s lawyer, Paul Borich KC, said the money was a koha, or gift, and paid by a man who wanted Te Kahika to stay in the race for the Te Tai Tokerau seat. Borich said when Te Kahika withdrew from politics, having failed to win the seat, it angered the donor.

That donor is Michael Kelly, who now lives in Vanuatu.

He travelled to New Zealand to give evidence and said he first met Te Kahika in July 2020 at a fundraising event he organised in central Auckland.

About 150 people turned up to see Te Kahika and Jami-Lee Ross speak. At the event Kelly handed Te Kahika an envelope with $10,000 inside. He said he told Te Kahika the money was for his campaign and to buy more billboards.

Te Kahika told the court Kelly said the money was for his whānau.

But Lee pointed to two items of evidence that she said fitted with the Crown narrative. One was a text message from Te Kahika, thanking Kelly for his support and a photo of Te Kahika with his billboards.

Less than two weeks later, Te Kahika and his family visited Kelly and his partner at their Auckland home. During the meeting Te Kahika sent him an email that included receipts for the new billboards.

Kelly said he gave Te Kahika a further $5000 in $100 bills for more billboards.

Te Kahika told the jurors Kelly actually gave him $8000 and the money was also a koha, or gift, to spend on supporting his family.

His week-long trial at the Auckland District Court was plagued by what Judge Kathryn Davenport described as “sideshows”.

Shortly after the jury was impanelled on Monday, a man approached Judge Davenport to tell her he was hearing “subliminal voices”. He was escorted from the court by security.

Part way through the trial the jury sent a note that they were feeling intimidated by Te Kahika’s supporters sitting in the public gallery.

Then during counsel closings, it emerged Te Kahika had been posting on Facebook about his trial. One of the posts was critical of the judge.

The following day Te Kahika apologised for the comments made on social media. The posts have since been removed.

It is not Te Kahika’s first court experience this year. He and supporter Vinny Eastwood were found guilty of intentionally failing to comply with the Covid-19 Public Health Response Act by organising and attending a protest.

The pair were handed short jail sentences in March by Judge Peter Winter, but their lawyers immediately asked for their clients to be granted bail, pending a High Court appeal.

Justice Neil Campbell heard the case on July 31 and has reserved his decision.

Eastwood was also in court on Friday to see closing addresses in Te Kahika’s trial.

He was escorted from court after the Crown closing address before taking to social media outside.

“Welcome ladies, gentleman and fellow slaves of the plantation,” his post began.

He said he had been “kicked out of court for the suspicion of recording” but his phone was searched and nothing was found.

Eastwood also made comments about the judge.

Te Kahika will be sentenced for his latest offending in December.