Wrongly Convicted Database Record
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Charge: |
"Fraud (passing bad checks, documents, casino, bankrupcy, etc.)" |
Sentence: |
11 months home detention and 200 hours of community work |
Years Imprisoned: |
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Year Crime: |
2009 |
Year Convicted: |
2013 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
New Zealand |
County or Region of Crime: |
Auckland |
City of Crime: |
Auckland |
Result: |
Judicially Exonerated |
Summary of Case: |
"Jonathon Earl Chiswell (37), Brett Royce Donaldson (51), and Richard Michael Barnett (42) were codefendants wrongly convicted of fraud on March 22, 2013 in Auckland, New Zealand. Mark James Whelan, a car dealer and franchisee with Dunedin-based vehicle finance company, Motor Trade Finances Limited (MTF), pled guilty to 66 charges of obtaining money by deception. Chiswell, Donaldson and Barnett were found guilty by a jury in Auckland District Court of 18 fraud charges related to obtaining almost NZL$1.5 million in loans from MTF through Whelan between 2005 and 2009. All three codefendants were sentenced to 11 months home detention and 200 hours of community work. In September 2014 New Zealand's Court of Appeal quashed the convictions of Chiswell and Donaldson. In November 2015 New Zealand's Court of Appeal quashed the convictions of Richard Barnett." |
Conviction Caused By: |
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Innocence Proved By: |
In November 2015 New Zealand's Court of Appeal quashed the convictions of Richard Barnett. |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Fraud conviction quashed after sentence served, By Tom Pullar-Strecker, November 6 2015" |
Information Location 1: |
http://www.stuff.co.nz/business/industries/73781881/Fraud-conviction-quashed-after-sentence-served |
Information Source 2: |
"Fraud convictions for three men last in MTF case, By Simon Hartley, Otago Daily Times (Otago, New Zealand), March 23, 2013" |
Information Location 2: |
http://www.odt.co.nz/news/business/250538/fraud-convictions-three-men-last-mtf-case |
Information Source 3: |
"Prison for fraudulent MTF loans, By Staff writer, Stuff.co.nz (Wellington, NZL), May 16, 2015" |
Information Location 3: |
http://www.stuff.co.nz/business/money/8682002/Prison-for-fraudulent-MTF-loans |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org