Temple boss who claimed ‘living God’ told him to lie has final appeal dismissed

An affidavit from an emeritus professor of religion didn’t persuade a High Court judge that a Sikh temple manager lied to Immigration NZ because he was in thrall to the religious leader he considered a living God.

Rajvinder Singh, former manager of the Nanaksar Sikh temple in Manurewa, South Auckland, hoped to persuade Justice Paul Davison to overturn a sentence of 80 hours community service – despite admitting to lying repeatedly to Immigration NZ (INZ) in a series of visa applications for a priest who arrived in New Zealand on a fake passport.

Singh had pleaded guilty, but argued that while he’d completed a series of visa applications for the priest, he’d been compelled to act under the orders of the temple’s founder and spiritual leader, 81-year-old Amar Singh, known to his followers as Sant (Saint) Amar Singh, or by the honorific Baba Ji. He had hoped for a discharge without conviction, to save his reputation and his jobs with the police and as a financial advisor.

But that argument was dismissed in the district court, where Judge Soana Moala said he showed limited remorse and “sought to deflect blame for your actions”.

For his appeal, Singh produced an affidavit from retired Victoria University academic Paul Morris – who didn’t meet Singh, but read the case file – who argued that Singh’s explanation for his offending was “a most plausible and reasonable account”.

Morris wrote that some Sikh sects taught their followers that the leader held a God-like status, and in this instance, Baba Ji had instructed his devotees that he was of “absolute authority, being an embodiment of truth and a conduit or gateway to God and his blessings”, which made his orders “very hard to resist or challenge”. He said Rajvinder was “without agency in having no choice but to follow the personal instructions of his God”.

Crown attempts to prevent Morris’s evidence being admitted were turned down by Justice Davison.

Singh’s lawyer, Lester Cordwell, argued in court that Judge Moala had taken a Western-Christian focused approach to her sentencing and not appreciated the cultural context. He submitted that she had incorrectly characterised Baba Ji’s influence as an excuse for the offending, “whereas it should properly have been treated as an explanation”. He argued Judge Moala had assessed Singh’s offending as being moderate to serious, when it should have been considered as low-level offending.

He also produced an affidavit from the Police Association, which said Singh had been stood down from his job as a police analyst since March, and argued that a discharge without conviction might save his employment.

Singh had also lost his work as a registered financial advisor and his home insurer had cancelled his policy, and in his submissions, told the court he’d stopped socialising within the Indian community.

“I feel that I have lost the respect of the community because I now have a criminal conviction that has been well publicised,” he wrote. “I know my community, and they can be very judgemental about an issue like this. In the Punjabi community it takes a long time to build up respect, but a single wrong move can mean that it is gone in a minute.”

But Justice Davison said that while Baba Ji’s role was a factor and offered mitigation, Singh still had an ability to act independently when he chose to. He said Singh’s community embarrassment, his loss of home insurance, the loss of his financial services business and his perilous position with the police were all consequences of his dishonesty, and not of the conviction. He said Judge Moala had not erred in law, and dismissed the appeal.

Stuff asked Peter Lineham, retired professor of religion at Massey University, about the case. He said Morris was “probably right about the power exercised by Baba Ji … but the judge was surely right, breaching fidelity in INZ is rather serious”.

Police said Singh’s “employment process is ongoing” and wouldn’t comment. According to the register of Financial Services Providers, Singh remains registered.

The Ministry of Business, Innovation and Employment said Singh’s company VXL Ltd was in the process of being deregistered, which would be complete on September 12. He was no longer a member of an approved dispute resolution scheme, as required by law, as the financial advice provider he operated under had terminated his agreement when he was convicted.

The Financial Markets Authority said it had been informed by that provider, and said Singh would have to disclose any charges or convictions during checks if he re-applied for a licence.

Immigration lawyer Alastair McClymont, a close friend of Rajvinder Singh, said it had always seemed unfair he was the only one charged. “What are the consequences for the priest who came here on the false passport, who knew he was committing immigration fraud, and with all this information about the control Baba Ji had, is he still able to travel here without consequence?”

No charges were ever laid against either man. The priest, Tarsem Singh, remains in New Zealand, awaiting a decision from the Employment Relations Authority, in which he is arguing the temple used him as unpaid labour during his seven years there.