Infamous real estate agent appeals jail sentence

PHOTO: Once a successful real estate agent, Aaron Drever’s fall from grace reached its nadir when he was sentenced to two years, two months imprisonment for obtaining by deception, forgery and dishonestly using a document.

According to STUFF a controversial former real estate agent who totted up the most censures in the industry’s history has appealed his jail sentence for dishonesty offences.

Aaron Drever argued his previous “good character” meant he should have got home detention.

Drever’s colourful career – which included bankruptcy, a failed butchery and supermarket businesses and a “chaotic” chip shop chain – came to a halt in August when he was jailed for two years and two months.

He had admitted defrauding a bowling club out of nearly $500,000 and a speedway promoter of more than $100,000 but had always hoped – and predicted – he would avoid jail.

Disgraced Auckland real estate agent Aaron Drever sets new censures record

In the Auckland High Court on Monday, Drever’s new lawyer, James Olsen, appealed his sentence, arguing that Justice Paul Davison should cut his term by two months – making him eligible for home detention – because of prior good character and a high chance of rehabilitation.

Olsen said Drever’s two months in Ngawha Prison, Northland, had “really shot home to him the reality of his offending”.

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In August, while Drever had admitted charges of obtaining by deception, forgery and dishonestly using a document, his then counsel, Ron Mansfield, had unsuccessfully advocated for a sentence of home detention.

At the time, Mansfield said Drever had engaged well with a psychologist, and argued “there is more than a glimmer of hope” he could be a proactive member of the community, rather than someone “who deprives people of their funds”.

**RICKY WILSON/STUFF**

**Drever at his sentencing in August this year, when he was jailed for 26 months.**

Drever had said he hoped the psychologist’s report, which said he had attention deficit disorder, might cut his sentence down to home detention, but also told Stuff on the eve of sentencing: “I have put my hand up, and I am prepared to take my medicine.”

Olsen argued on Monday that while the sentencing judge, Evangelos Thomas, had given Drever sentencing discounts of 40% from a four-year start point, he had erred in not specifically giving him a discount for good character.

He said that was worth another 5 per cent to drop below the home detention threshold of two years’ jail. “We are only talking a matter of two months,” Olsen said.

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Olsen argued Drever had shown remorse, undertaken some rehabilitation and that psychological and pre-sentence reports had shown “he can become a productive and contributing member of society”.

Olsen said two previous convictions for driving while suspended and drink-driving and Drever being struck off by the Real Estate Authority were not relevant and “distinct from his criminal offending”.

But Crown lawyer William Fotherby said Judge Thomas had “got things exactly right” due to the large number of aggravating factors, in particular the sophistication of the offending, and the impact on the victims.

Fotherby’s co-counsel, Jakob Gibson, said Drever was “hardly a person of unblemished character before these events”, detailing his chequered real estate career.

Justice Davison noted the “artful deception” of Drever’s crimes.

“This wasn’t a momentary lapse, this was a carefully planned deception … doesn’t that really inform an assessment of his character that someone is prepared to undertake that period of deception?”

Justice Davison has reserved his decision on the appeal.

Drever’s offending began at the Avondale Bowling Club, where he was on the committee. He claimed he’d helped a “club on its knees” when he negotiated the sale of one of the struggling club’s greens for $330,000 to a company owned by his aunt, Beverly Spain (and set up by Drever). The land was on-sold the same day to a property investor for $825,000.

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The other charges related to Drever’s involvement with Springs Promotions Ltd, who had the promotional rights at the famous Western Springs track, where Drever had been known as ‘The Voice of Speedway’ for his commentary work.

While in an unpaid marketing role, Drever obtained $101,990 from the company using false invoices for billboard advertising and model speedway cars.

Drever still faces six charges related to allegations of running a company while bankrupt. Drever has indicated he would defend these charges.

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