九一星空无限

ZB ZB
Opinion
Live now
Start time
Playing for
End time
Listen live
Up next
ZB

Meth-tainted beer trial: Manslaughter defendant’s kind nature led to tragic mix-up, lawyer says

Author
Craig Kapitan,
Publish Date
Wed, 23 Oct 2024, 2:24pm

Meth-tainted beer trial: Manslaughter defendant’s kind nature led to tragic mix-up, lawyer says

Author
Craig Kapitan,
Publish Date
Wed, 23 Oct 2024, 2:24pm
  • Himatjit 鈥淛immy鈥 Kahlon is on trial for manslaughter after Aiden Sagala died from methamphetamine-tainted beer.
  • Kahlon鈥檚 lawyer described him as 鈥渇oolish, naive, and trusting,鈥 claiming he was unaware of the drug scheme.
  • The defence emphasised Kahlon鈥檚 kind nature and blind trust, presenting statements from friends supporting his character.

Foolish, naive and trusting.

Those were the traits used to describe Himatjit 鈥淛immy鈥 Kahlon by his own lawyer today as the defence began - and quickly thereafter finished - presenting evidence in his methamphetamine-tainted beer manslaughter trial.

Kahlon, 41, was arrested last year after Aiden Sagala, a 21-year-old co-worker at Fonterra, died in hospital after drinking a can of Honey Bear House Beer. It was part of a shipment of nearly 29,000 cans that had arrived in New Zealand from Canada - part of a major drug smuggling ruse in which some of the cans contained liquid methamphetamine.

Prosecutors have alleged Kahlon was aware of the scheme and got rid of some of the cans with real beer - deemed worthless in comparison to the illicit drug haul - by giving them away cases at a time to friends and family. Sagala, all parties have agreed, had no inkling that what he was drinking that day was dangerous.

In her opening address to jurors this morning, defence lawyer Emma Priest contended her client had no inkling either.

鈥淗e did not know what he was being dragged into,鈥 Priest said of the drug operation, which was headed by a friend and former co-defendant of Kahlon鈥檚 with ongoing name suppression who recently pleaded guilty to multiple drugs charges.

鈥淵ou may think he鈥檚 naive,鈥 but he鈥檚 not a liar, the lawyer said.

鈥淢r Kahlon is honest - foolish but honest.鈥

Aiden Sagala, 21, died in March 2023 after drinking beer contaminated with methamphetamine. Co-worker Himatjit Kahlon is on trial for manslaughter.
Aiden Sagala, 21, died in March 2023 after drinking beer contaminated with methamphetamine. Co-worker Himatjit Kahlon is on trial for manslaughter.

Priest said her client wouldn鈥檛 give evidence because he was already 鈥渃andid and forthcoming鈥 in a police interview that was played for jurors last week. Entering the witness box would only allow the Crown to 鈥渞idicule鈥 him more as police did during the interview, she suggested.

Kahlon said previously he saw cans being poured out at the Manukau warehouse leased by the co-defendant and saw white crystals there, but he assumed it 鈥渕ust have something to do with cocktail making鈥.

The defence emphasised today that the job of jurors isn鈥檛 for each one of them to consider whether they would have known better had they been in the situation. Instead, their job is to determine what Kahlon鈥檚 mindset would have been at the time.

To do so, the lawyer said, it was important to consider Kahlon鈥檚 鈥渒ind nature鈥 and his 鈥渂lind trust of people鈥. He came from a religious culture in India where helping friends was emphasised, and he was 鈥渁t the extreme end of that spectrum鈥, she said.

The defence read aloud two statements from friends to emphasise the point.

Dilpreet Singh and Ajaypal Singh both described the defendant as a generous friend who thought nothing of loaning them thousands of dollars at a time whenever they were in need.

鈥淗e would help with anything as a friend,鈥 Dilpreet Sing said. 鈥淚鈥檝e never known Jimmy to be involved with anything illegal - not at all. He always wanted to help people.鈥

Ajaypal Singh described how the defendant picked him up from the airport when he arrived in New Zealand on a student visa years ago and insisted on driving him for the first week of school. The defendant loaned him $17,000 in 2019 that has not yet been paid back and on other occasions gave him loans of $1000, $2000 or $5000, he recalled.

鈥淚f you鈥檙e in his friend zone you don鈥檛 have to worry - he鈥檒l take your stress,鈥 he said.

Ajaypal Singh also knew the co-defendant with name suppression, who he described as coming from a much-respected family. The unusual reason for that respect was outlined to jurors but has been suppressed. Justice Yvonne Tahana warned jurors not to discuss the matter outside court.

Himatjit Kahlon's former co-defendant, who has name suppression, appears at Auckland District Court in 2023. The co-defendant was never charged with manslaughter but recently pleaded guilty to multiple charges involving drug importation via containers of beer and kombucha. Photo / Jason Oxenham
Himatjit Kahlon's former co-defendant, who has name suppression, appears at Auckland District Court in 2023. The co-defendant was never charged with manslaughter but recently pleaded guilty to multiple charges involving drug importation via containers of beer and kombucha. Photo / Jason Oxenham

But the co-defendant鈥檚 respected standing in the community made Kahlon all the more likely to lend a hand with the beer without questioning his motives, the defence has suggested.

Jurors also heard today from Juliet Iopu, a Fonterra manager who worked with both Kahlon and Sagala. She recalled going to Auckland Hospital with Kahlon and other co-workers after realising Sagala was seriously ill.

鈥淚 was speechless,鈥 she recalled of the hospital scene, in which Sagala鈥檚 family was praying around him with a minister. 鈥淚 had a really special bond with him. He reminds me so much of my baby brother.鈥

She also had a friendship with Kahlon, who she described a 鈥渟tubborn鈥 but 鈥渧ery kind鈥. He lent her $2000 after the death of her father last year, which she said she hasn鈥檛 been able to pay back yet because of how it would look for a potential witness to visit the defendant.

Himatjit "Jimmy" Kahlon appears in Auckland District Court in 2023. He is on trial for the alleged manslaughter of Aiden Sagala, who unknowingly drank meth-laced beer. Photo / Jason Oxenham
Himatjit "Jimmy" Kahlon appears in Auckland District Court in 2023. He is on trial for the alleged manslaughter of Aiden Sagala, who unknowingly drank meth-laced beer. Photo / Jason Oxenham

Iopu, the only defence witness to give evidence in person, had trouble remembering the car ride home after the hospital visit but prosecutor Robin McCoubrey directed her to her police statement last year.

鈥淛immy kept saying, 鈥榃as it the drinks?鈥欌 she had told police. 鈥淗e looked worried. I didn鈥檛 know what he was talking about ... He said he had given Aiden the drinks from his car.鈥

The defence has now finished presenting evidence. The Crown is expected to give a closing address this afternoon, likely followed tomorrow by the defence closing address and jury deliberations.

 is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.

Take your Radio, Podcasts and Music with you