Questions over who should foot bill for ‘suspected’ Blenheim meth lab

Questions over who should foot the bill for the decontamination of what was believed to be a “significant” meth lab, have been raised in court.

The Marlborough District Council declared the Warwick St property as “hazardous” in 2019, after police found what they believed to be a clandestine lab operating on the site of a former timber treatment plant.

Jacob Martin, 34, was arrested and faced charges of manufacturing methamphetamine and possession of iodine. However, he was found not guilty on those charges, but guilty of possession of equipment, possession of precursor substances and possession of a methamphetamine pipe, at a judge-alone trial in March this year.

The council’s website was updated in December 2019 which stated the property had “methamphetamine contamination”.

READ MORE:
* Former meth lab buildings on Blenheim property to be demolished
* Scepticism in suburbia over plans to demo ‘significant’ Marlborough meth lab property
* Man denies meth charges after clandestine lab raid in Blenheim

A council spokesperson said at the time it declared the Warwick St property hazardous after police advised chemicals were present at a clandestine methamphetamine lab operating within the main building.

The owners of the property were issued a “cleansing order” which required them to test and decontaminate it by May 1, 2020.

However, by September 2020, the building still stood, and the Marlborough District Council extended that notice and issued a “closing order”, prohibiting occupation in contaminated parts of the building from September 26, 2020.

The owner was seeking to demolish the buildings, but this had been delayed due to Covid-19.

The property had been subject to various complaints since 2018, including allegations it was “insanitary” and commercial work which breached district plan rules. They also followed up on noise complaints.

By September 2021, the building had been demolished, and the site cleared.

At the trial in March, before Judge Jo Rielly, it was said police searched the property on December 18, 2019. The 0.3 ha property had a dwelling, garage at the front, and large sheds at the back.

It was mainly used as a business office, but Martin slept there occasionally.

Police had earlier searched the property, for reasons Judge Rielly suppressed. During that visit, they became aware of the presence of strong chemical fumes, particularly in a tented area deep inside the workshop.

The officers saw what looked like something being brewed, and immediately became concerned that it may be a meth lab.

Members of a clan lab team undertook an investigation over two days at the property. They looked for, identified, and seized items of interest, and swabbed various areas for meth.

At the scene were two suspected labs, one under a tent made of plastic sheeting in a workshop area, and a hidden room.

The search found a heat source with a dish which uncovered 316mg of a crystalline substance, found to have the “presence of meth” in an “end product”.

A senior forensic scientist concluded all equipment needed to manufacture meth was at the workshop and in the hidden room.

She said precursor substances used to manufacture meth; acetone, hydrochloric acid and sulphuric acid, were all found at the site.

Small traces of meth, around equipment and on a pyrex dish were found at the site.

The scientist concluded the manufacturing of meth had taken place on the site, however she could not confirm when or where.

Martin told police during a formal interview on December 20, 2019, he was extracting glasswort, a plant found around the Wairau Bar. He said he was making a drinkable liquid “like methadone for crack heads”. The process took about a month, and was a chemical stronger than coffee, but natural, he said.

He said there was no meth in the building and having a “play” with some things to see if they could create a legal substitute was not illegal, but admitted he had a “raging” habit in the past, which Judge Rielly assumed meant with meth.

He said the sulphuric acid was used to fill batteries.

Meanwhile, on October 8, 2021, while on bail for the meth charges, Martin was involved with an incident where he hit a former friend with what was described as a metal-like bar. The victim suffered injuries to his face.

Martin pleaded guilty to a charge of injuring with intent and possession of ammunition – after police found a bullet on him when they questioned him about the October incident.

Judge Rielly concluded that while Martin was, at the time, a user of meth, and likely using it at the workshop area, she did not have enough evidence to conclude he had manufactured it.

At sentencing on Tuesday, Crown prosecutor Abigail Goodison said she did not think the police should be expected to foot the $3000 bill for the site’s decontamination.

But Martin’s lawyer, Rob Harrison, said the chemicals found at the site were the same as what you could find at any workshop, and Martin should not be expected to pay for that.

He said when the site was decontaminated, police were acting on “assumption” but any contamination was actually from the former timber treatment plant.

The court heard at sentencing Martin had made significant steps to rehabilitate himself. He had attended a rehab facility, and had since become a mentor at the same facility.

Judge Rielly told Martin she hoped he would never forget the “harmful lifestyle” he was leading.

Ultimately, she did not impose costs for the decontamination of the site, but said this decision was not a criticism towards New Zealand Police and could understand why the prosecution would seek such an order.

But Judge Rielly, who sentenced Martin to eight months’ home detention on the injuring charge, and four months’ on the other charges, to be served at the same time, said the sentence she was imposing was relatively stern and therefore did not order Martin to also pay the costs of the decontamination.

He was however ordered to pay $1500 for the dental costs of his victim.