Disputes Tribunal's release of murder victim's address 'significant factor' in couple's killings

A police review has found the Disputes Tribunal's release of a murder victim's address against his wishes was a "significant factor" in the subsequent killing of him and his wife.It also found police could have "possibly prevented the homicide" if they had acted on information one of the killers provided about a separate murder plot two months earlier.In September, Lok Fung Lorrence Li was found guilty of murdering Fuk-Fu Joseph Kwok and his wife Mei Han Chong in 2023. He was also found guilty of plotting to murder his former landlord.Li's co-defendant, Shu Man Poon, earlier pleaded guilty to the charges.During the trial, the jury heard Li obtained Kwok's address from the Disputes Tribunal.They also heard about an incident where Poon went to police and told them he was being pressured to take part in the murder of Li's former landlord to clear a debt.Police earlier said an internal review was done following the murders.The review by Detective Senior Sergeant Craig Johnson, obtained by RNZ under the Official Information Act, examines both the disclosure by the Disputes Tribunal and Poon's visit to police.The crashLi went to the Auckland City Police Hub public counter on 30 December 2022 to report a crash he had been involved in.A Traffic Crash Report (TCR) taken by a police officer noted the driver of the other vehicle refused to give his details to Li. The identity of the driver was therefore unknown; however, it was thought likely to be the registered owner of the vehicle (Kwok), given Li's description.Li also told police he was uninsured.The TCR said no further action was required.Then, on 4 January 2023, AA Insurance emailed Auckland Police requesting the TCR on behalf of their client, Kwok.Police released a redacted TCR to AA Insurance on 7 January. The report redacted Li's middle names, the details of his passenger and other information about himIt did not redact any details in relation to Kwok, such as his address, phone number and email.Johnson said AA Insurance then "entered into discussions" with Li in relation to the crash."The matter has been unresolved, and AA have sought resolution via the Ministry of Justice Disputes Tribunal."The matter was set down for a hearing on 29 November 2023.During the trial, the jury heard Li obtained Kwok's address from the Disputes Tribunal.RNZ / Nick MonroAs part of the process, AA Insurance asked Kwok if he had any security concerns regarding his personal details being disclosed to Li."He responded, 'I have no objection to disclose my personal information if necessary but rather not having my address disclosed to the other driver as I never attempted to obtain his'," Johnson said.AA Insurance then referred the matter to the tribunal."Of note, AA deleted both Kwok and Li's personal details including addresses from the TCR supplied by police. In the application, AA Insurance expressed Kwok's request his address not be disclosed."The Disputes Tribunal application coversheet also noted confidential details were requested by Kwok, Johnson said."This has been noted as declined, stamped by Deputy Registrar [redacted]," he said."The comment recorded is '(A)'s request for confidentiality has been declined due to insufficient safety reasons'."Disputes Tribunal correspondence with both parties listed their home address.The review said that in Poon's interview with police, he referenced the address being provided to Li."Then at that time Lorrence (Li) was also laughing, he was laughing at the court being so stupid, why the court even showed the address [to] me."He told me for the first time that how about just getting rid of this guy, then I don't need to appear in court."Johnson said it appeared the disclosure of Kwok's address to Li "has been a significant factor in Li and Poon's preparations for the murders".He said he was aware that the officer in charge of the police investigation, Detective Inspector Scott Beard, had spoken with the Ministry of Justice "who are aware of the potential implications of this".The visit to policeAbout 11pm on 3 September 2023, Poon went to the public counter at the Auckland City Police Hub. He was accompanied by two support people.Poon was primarily dealt with by frontline station support officer Simran Chadha, Johnson said."Poon disclosed he was being forced to clear a debt owing by helping to kill the two landlords of [redacted]."He named Li as the person involved, and that the offence was planned for overnight 5-6/09/23."The motive was to "obtain cash flow cards and money", the review said.While at the station, Poon appeared to be in "increasing psychological distress", and was crying in pain and clutching his head and said he wanted to kill himself.The review said mental health and an ambulance were called. However, due to delay, it was agreed with Poon and his associates that they would travel to Auckland Hospital for treatment themselves, and they left the station.Chadha sought advice from a police officer who advised her to report it, which she did, linking Li, Poon and other information to the file.The file was automatically assigned to Northern Region 105. Chadha then immediately reassigned the file to herself and five hours later to her supervisor.A staff member, whose name is redacted but is referred to as frontline station support team leader, was on leave at the time.When she returned to work on 9 September, she reviewed the file and electronically filed it.The file was later identified during the initial stages of the homicide investigation.Johnson said there were several matters of concern regarding Poon's visit."Murder (in this case a conspiracy to murder) is arguably the most serious offence investigated by police. The disclosure of this information by Poon was correctly escalated by Chadha to an inquiry with CIB."However, clarity on what was intended by the direction given was either not expressed or not adequately recorded."A file relating to the planning of a murder "warranted further investigation", he said."Poon's account was credible, and he was able to provide accurate details of the other party and the location. These were verified in NIA (National Intelligence Application) when the matter was recorded."The fact that the collection of information was cut short by Poon's mental/physical health concerns should have also raised the possibility that further corroborating evidence may be available."He said police should have gone back to him to obtain further information.Police had "missed an opportunity to investigate the matter further", Johnson said."Critically, had police acted on the original information presented by Poon in September 2023, it could have alerted police to and possibly prevented the homicide."Detective Inspector Scott Beard earlier told RNZ an internal review was done and several requirements were initiated for front-counter staff handling reports of serious or potential crime."When dealing with information that relates to violence or threat to property, this will immediately be assigned to the appropriate Criminal Investigation Branch team."There is also a requirement for front-counter staff to obtain the name of the person from the CIB they are speaking to so they can be identified moving forward."Ministry respondsIn response to questions from RNZ, Ministry of Justice chief operating officer Carl Crafar said the ministry acknowledged the "tragic sequence of events" that led to Kwok and Chong's murders.Since the tribunal was established, contact details including names and addresses had "routinely" been shared between parties involved in disputes.Kwok's request for confidentiality was not granted as it did not meet the threshold under the Disputes Tribunal Rules, Crafar said."Specifically, he did not raise any safety concerns and the statutory threshold was not met."In February 2024, the Chief District Court Judge wrote to the Secretary for Justice and invited him to review the claim form and consider whether applicants should continue to be required to provide a residential address, particularly where another means of contact was available, Crafar said.The Secretary for Justice, in consultation with the Principal Disputes Tribunal Referee, has responsibility for the contents of Disputes Tribunal forms."As a direct result of this case, changes have been made to how personal information is shared. Physical and postal addresses are now kept confidential and are not shared with other parties. Only email addresses and telephone numbers are shared between parties."Asked whether the ministry stood by the decision to decline Kwok's request for confidentiality, Crafar said it was a tribunal decision, which the ministry could not comment on.He also said it would be "inappropriate" for the Ministry of Justice to comment on whether the ministry accepted the findings in the police review that the disclosure of Kwok's address was a significant factor in the preparations for the murders.