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Suspect Claims Someone Else Used His Computer to Buy Drugs, Jury Agrees

Kyle Nathan Smith, a 45-year-old Christchurch man, pleaded not guilty to five drug importation charges. The judge, Judge Brian Callaghan, agreed with the defendant. He found Smith not guilty on five charges of heroin, methamphetamine, and MDMA importation. The 45-year-old claimed someone else used his computer to buy drugs off the darknet.

At the start of the three-day Christchurch District Court trial, Smith pleaded guilty to two charges. One was the possession of cannabis and the other was the cultivation of cannabis. In addition, the court found Smith guilty of possession of methamphetamine.

Officials arrested Smith after Customs intercepted five packages headed into the country. The packages contained heroin, methamphetamine, and MDMA, along with ecstasy pills. Smith was not specifically charged for the ecstasy pills. The MDMA charge encompassed ecstasy importation.

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The packages had Smith’s address on the label but not his name. Someone else’s name appeared as the recipient—which further backed up his not guilty plea. Customs never released the packages or allowed them to re-enter the mail stream.

Law enforcement then raided Smith’s home. Prosecutor Donald Matthews said that officers found methamphetamine in Smith’s bedroom. They also found an envelope from overseas and matched the other envelopes. The envelopes, like the ones Customs seized, were not labelled with Smith’s name. And police made no mention of the recipient’s name on the label.

They analyzed Smith’s computer and found “software to access the darknet.” Furthermore, analysts were able to determine that someone used the software to buy drugs.

Smith claimed that someone else used the computer to place those orders. Andrew McKenzie, the defending attorney, said the prosecution asked the jury to make a guess. He said that the case was under-investigated and “It was not clear who had been living at the address at the time. Suspicion doesn’t equal proof.”

The jury agreed. Judge Callaghan told the jury members after the verdicts: “I don’t often say this to juries, but I think your not guilty verdicts probably match the evidence.”

Callaghan remanded Smith on bail for sentencing on December 16.

New Zealand recently claimed that authorities positively identified 200 darknet users. There was no apparent connection between either event. Excerpt from our article on New Zealand’s darknet crackdown:

300 persons from New Zealand were identified by law enforcement authorities during a global police action called Operation Hyperion. The worldwide action took place between October 22 and 28. This was a “coordinated effort” to bust persons globally who are involved in illegal drugs trade on the dark web.

7 comments

  1. that happend to me, someone used my computer to buy heronnn when i went to the store to buy milk. wtf ppl. srsly omg

  2. IT WASNT ME , It was a spooky ghost.

  3. Yo, man
    (Yo)
    Open up, man
    (Yeah, what do you want, man?)
    The cops just caught me
    (You let them catch you?)
    I don’t know how all of this happened
    (With who?)
    The computer, ya know?
    Man, I don’t know what to do
    (Say it wasn’t you)
    Alright…

  4. Aussie pub brawler

    finally! ….. “the rules of evidence” properly applied in an (almost!) fair trial;

    decades ago, judges would’v simply thrown such a case out of court….
    (that is: if computers/Dark Net &c existed way back when)

    you simply cannot prove, beyond a reasonable doubt, that a defendant used a desk-top, lap-top, tablet, android ‘phone, wht’evr to purchase “X”, down-load “Y” or post/view “Z” unless and until there are corroborating eye-witnesses and/or CCTV footage….assuming, of course, that a defendant has not made any admissions to the authorities….

    (remember the five words: i have nothing to say!)

  5. Aussie pub brawler

    don’t talk to the police ….. EVER!

    https://www.youtube.com/watch?v=d-7o9xYp7eE ;

  6. kyle smith I(defendant)

    So im the guy who faced this crap over a 14 month period. The key to going to jail or not going to jail or going in an unmarked hole in the ground is to “SAY ABSOLUTELY NOTHING” when customs question you. Unless you have been caught collecting the package then what the fuck have they got on you.? Suspicion. And as the judge at my trial said ” Suspicion is not enough to prove guilt beyond a reasonable doubt”. I was offered a early guilty plea bargain at the start of this. 4 1/2 yrs imprisonment said the judge if you plead guilty now and waste no time of this court. If i turned this down and was found guilty after a trial i was looking at 7 yrs up the queens arse. With all the photos, the huge mountain of paperwork, forensic evidence, blah blah from dickhead customs officers tryna fuck with my head i thought i was fucked. These filthy scumbag mother fuckers even approached me after i got bail, outside the courts and asked if i was interested in becoming an informant for which i could b paid in cash and meth. yes meth. wot these fucks just busted me for. for supplying info on my fellow brothers. Customs say they have more power than cops but only in a very limited way. yes you do by law have to answer every question they ask you. police u never open your mouth. but by saying to customs dick i cannot recall or recollect that sorry. you are not a hostile witness in front of the courts. helps you in front of jury.they have fuck all powers of investigation which is huge bonus. access to police files is limited and restrictive coz even the police think they are tossers.
    gUESS IM JUST TRYING TO SAY TO ANYONE IN NZ IF YOU DO GET RAIDED DO NOT FREAK. DO NOT GET SCARED. REMEMBER THEY ARE ALLOWED BY LAW TO BULLSHIT YOU TO GET A CONFESSION UNLIKE THE POLICE. BELIEVE NOTHING. IF YOU WANT BAIL KEEP YOUR PASSPORT ELSEWHERE SO YOU CAN USE THIS TO BARTER WITH. CUSTOMS ALWAYS WANNA TAKE IT. AS I SAID YOU WANT IT THEN DONT OPPOSE BAIL AND I WILL HAND OVER TO THE COURTS THE DAY AFTER BEING GRANTED BAIL. B CONFIDENT IN YOURSELF. IF THEY DIDNT ARREST YOU COLLECTING THE PACKAGE THEY AINT GOT SHIT. SAY NOTHING. BE POLITE. MAKE THE BEST OUT OF A BAD SITUATION. THIS PISSES THEM RIGHT OFF. THEY WANT TO SEE YOU BROKEN. FUCK THEM DONT DO IT. YOU DID THIS COZ FUCK THERE STUPID DRAKONIAN LAWS. YOU ARE A FREE MAN. THEY ARE THE SLAVES. REMEMBER WHY U DID THIS. AND WHEN THE SHIT BLOWS OVER TAKE ALL YOU HAVE LEARNED AND HIT THIS SHIT HARDER AND BIGGER KNOWING MORE ABOUT THIER SYSTEM AND HOW NOT TO GET CAUGHT THIS TIME. WOOHOO

    • something tells me this chap is not BS’ing us. sir, do you by chance have any other tidbits of insider info the rest of us can use to dig ourselves out of shitty situations? i live in the US, but i’m sure many of the NZ laws are applied over here in one form or another, so if you do have anything else that you think might be useful, please let us know!

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