FOR IMMEDIATE RELEASE –
Hamilton, New Zealand – August 15, 2024
Judge SR Clark’s Landmark Ruling
Hamilton: New Zealand– In a landmark ruling, the court has exonerated Antony Swarbrick and Christina Kewa-Swarbrick, overturning their convictions and citing unfair and unbalanced summing up by Judge RLB Spear, which led to a “miscarriage of justice.”
In this significant ruling, Judge SR Clark of the District Court at Hamilton has dismissed all charges against Antony Swarbrick and Christina Kewa-Swarbrick, related to the Immigration Act 2009. This decision comes after a lengthy legal battle of 8 years, and a five-week jury trial in early 2023.
The original trial was compromised by Judge Spear’s unfair and unbalanced summing up, leading to guilty verdicts that were later successfully appealed by Barrister Melissa James.
Judge SR Clark noted that the defendants had a jury trial before Judge Spear in early 2023, which went for five weeks, resulting in guilty verdicts on four representative charges on February 17, 2023.
However, the Court of Appeal later allowed appeals by both defendants, citing an unfair and unbalanced summing up by Judge Spear, resulting in a miscarriage of justice.
Antony Swarbrick and Christina Kewa-Swarbrick faced various charges pursuant to the Immigration Act 2009. They and others had a jury trial before Judge Spear in the early part of 2023 which went for five weeks. Mr and Mrs Swarbrick were found guilty of four representative charges on 17 February 2023, due to an unfair and unbalanced summing up by Judge Spear.
On 21 February 2023 the Court of Appeal allowed an appeal by Mr Swarbrick. On 26 April 2024 the Court of Appeal allowed an appeal by Mrs Kewa-Swarbrick.
“As I understand it, the appeals have been granted for a similar reason based around the Judge’s summing up and their finding that there was a miscarriage of justice in that there was an unfair and unbalanced summing up.” Judge SR Clark noted.
“This application comes before me in a call over list. I was unaware until the matter was called that the Crown Solicitor has today filed an application to withdraw the charges pursuant to s146 of the Criminal Procedure Act 2011. Both counsel who appear for the Swarbricks today seek a discharge pursuant to s147.
“ I note that the date of these charges date back to allegations alleged to have occurred in April 2016. There has been a trial, one that, as I have said earlier, has lasted in the region of five weeks.
“ In their application the Crown indicate that as this is a trial alleging aiding and abetting under the Immigration Act, many of the witnesses are based in Papua New Guinea and that will be difficult to engage them. Reference is also made to the passage of time, “Judge SR Clark noted in in his ruling.
Judge SR Clark explained that the appeals were granted due to an unfair and unbalanced summing up by Judge Spear, resulting in a miscarriage of justice. This led to a re-examination of the case, with the Crown Solicitor ultimately filing an application to withdraw charges under s146 on the day of the hearing. Despite this, Judge SR Clark decided to dismiss the charges pursuant to s147, citing the passage of time and the difficulty in engaging witnesses based in Papua New Guinea.
“Added into that is the fact that the Swarbricks have both been sentenced. Mr Swarbrick was sentenced to eight months home detention and that has been completed. In relation to Mrs Swarbrick, she was sentenced to 10 months’ home
detention, and I am informed has completed nine out of 10 months.
“Faced with all of that, my view is that rather than grant the s146 application that I should dismiss the charges pursuant to s147,” Judge SR Clark continued.
In his ruling, Judge SR Clark concluded, “I make an order to dismiss the charges.”
This decision brings an end to a long and complex legal saga, highlighting the importance of ensuring a fair and balanced trial process.
Swarbricks Thank Judge SR Clark for Truth and Justice
“We would like to extend our sincere gratitude to Judge SR Clark for his fair and just ruling in our case. We want to thank him for his wisdom, expertise, and commitment to fairness. His ruling has made a significant positive impact on our lives. We are particularly grateful that Judge SR Clark acknowledged the miscarriage of justice that occurred as a result of Judge Spear’s unfair and unbalanced summing up, and we appreciate his efforts to correct this injustice,”
Swarbricks Thank their Legal “Power House.”
“Thanks to our hard working Legal Team. To Barristers Melissa James, Jared Bell, Mark Jepson, Ashleigh Beech, Elisa Saunders, and Gerard Walsh (aka TED). We extend our heartfelt gratitude for your collective efforts, expertise, and unwavering commitment to justice. Each of you played a vital role in achieving this outcome, and we are forever grateful.”
Swarbricks Thank their Defence Witnesses and Call for Fairness
“Thanks to our five defence witnesses. These great people include Simon Angilly, Sylvester Peter, Betty Wama, Richard Holeong and Cathy Milfred. They were the powerhouse that kept our spirit high. Their prayers, fasting and understanding of spiritual values and truth were a collective force in itself. They fully understood Vision4040 as a long term vision to create solutions. These five people now deserve training and work visas to finish off what they started. They are all back in PNG, out in Mission fields, serving humanity through the Gospel of Jesus Christ. They deserve honour for upholding Truth. These five people should have been given the same options and priviledges as were given to the 11 villagers who testified against the Swarbricks and misled INZ.”
Thank you all for believing in us, fighting for our rights, and upholding justice. Your impact extends far beyond this case, and I am honored to have had the privilege of working with each of you.
Swarbricks Speak
“We are relieved and grateful that justice has finally been served. We always maintained our innocence. We were never employers. Our paper work was in order. The 11 PNG villagers and INZ tried to kill Vision4040 but they didn’t know that the Vision to deliver Nations was a God-Vision birthed out of the womb of my spirit. They couldn’t break the spirit that birthed the Vision to deliver people and nations out of poverty and corruption. This was a God-Vision, and God proved Who HE IS by vindicating us in His own Courtroom where Justice is measured by Truth.
“Vision 4040 has not died but damaged. We have remained resilient and silent even in the midst of fiery trials, challenges and setbacks. This challenge has caused us to grow into a global brand. https://vision4040.com/
“Vision4040 is not just a vision, but “a spirit that leads nations and people out of spiritual and soul poverty and corruption. Let this Spirit continue its work. It is time for those who caused the damage to recompense and compensate all for loses so that Vision4040 can continue its good work for humanity and grow,” said Christina Kewa-Swarbrick.
Antony Swarbrick added, “This outcome vindicates our claims of innocence and highlights the importance of ensuring a fair and balanced trial. We were never employers. This is proved in an Employment Relations Authroity (ERA) ruling handed down in 2018.
“We’re grateful for the support of our family, friends, and community. We take our hat off to Judge SR Clark for giving us justice after 8 difficult years.”
Brief Background to the INZ Case with 11 PNG Villagers
“The convictions, related to the Immigration Act 2009, stemmed from allegations made in April 2016 where a Vision4040 pilot program for Papua New Guinea, pioneered by Christina Kewa-Swarbrick, was aborted by New Zealand Immigrations, as they were misled by 11 PNG villagers, led by a David Bak, Debbie Kudjip, Angeline Wamange, Cecelia Nori and Lazarus Towe. The PNG villagers were fully sponsored by the Swarbricks and PNG program stakeholders to trial the program. As soon as they arrived in New Zealand, the 11 villagers lied to NZ Government authorities under oath when they set out on a gruesome dark path to hijack and overthrow the Vision4040 Visionary pathway program.
The eight years investigations led to a full trial in 2023, which was then compromised by Judge Spear in his “unfair and unbalanced summing up, leading to a miscarriage of justice” and the convictions exonerated by Judge SR Clark.
NZ Immigrations offered working visas to the 11 villagers overnight, while overlooking and dumping the other five (5) participants who told the truth about Vision4040. The defence statements of the five people were not taken into consideration at the trial. The Swarbricks were never immigrant employers. Vision4040 was a cultural exposure program that targeted education on mindset transformation to educate Papua New Guineans to gain global exposure in New Zealand so that they would return to PNG to combat high level corruption and poverty issues. Vision4040 is founded on Christian principles and values, with a longterm visionary pathway to help humanity.
NZ Immigration lead investigator Warren Smith protected ring leaders like Debbie Kudjip, Angeline Wamange and Lazarus Towe to keep the case ticking over. Although he knew the investigations had no real basis, Smith had to please his own ego. The investigation exhausted hundreds of thousands of NZ Taxpayers money, as Smith carried on with his lucrative travels back and forth PNG villages over an eight-year period.
The 11 PNG villagers misled NZ Government authorities, yet INZ offered them overnight work visas. These 11 villagers and those now working in NZ must face the full force of the law and must be held accountable for their lies and deception in misleading NZ government authorities. By doing so, we believe that the NZ Justice system and INZ will restore their public credibilty.
For justice to be completed and our lives to be fully restored, all parties involved in destroying our lives must be held accountable .”