Fraud accused Eugene DeMarco said he had not handed over to his former employer $645,000 for a reproduction WWI plane because he never received an invoice in the correct form.

Giving evidence at the High Court in Wellington on Monday DeMarco, who was production manager and pilot for filmmakers' Sir Peter Jackson and Dame Fran Walsh, agreed he had still not paid The Vintage Aviator Ltd $645,000 he received for its Royal Aircraft Factory BE2.

DeMarco said test flights were risky and he wanted extra payment for them.

The Vintage Aviator had never issued an invoice to him for the money, with the correct details, he said.

The BE2 is still with the buyers, New Zealand Warbirds Association. Warbirds and its president had paid DeMarco more than $2 million for three planes, but two were not delivered, the contracts were cancelled and over time DeMarco returned that Warbirds money.

He has pleaded not guilty to six charges of obtaining by deception or theft by a person in a special relationship.

DeMarco charged Warbirds $540,000 more than The Vintage Aviator was asking for the planes and said that was to be his commission. He denied telling the company's chief executive, James Corke, that a friend was paying the extra for Warbirds, as a favour to DeMarco.

DeMarco told the jury that he would take Sir Peter Jackson and his family flying.

It was put to him that it was nonsense that Corke had agreed to him receiving that size of commission. DeMarco said it was what was agreed although Corke might not have known DeMarco could negotiate that sort of price.

Warbirds said they were told what the price would be and there would be no reduction, not even for having bought three planes.

The Crown alleges DeMarco used the Warbirds money for personal expenses and repaying debt he owed to the company.

DeMarco said Corke was told he had the money. Corke denied it.

DeMarco said he had assets that would have enabled him to pay the money back.

Earlier DeMarco said he had been hurt that Jackson said a company lawyer and accountant had been manipulated by a compulsive liar, referring to DeMarco.

Eugene (Gene) DeMarco gave evidence in his own defence.

He would take Jackson flying and spend his Christmas holidays in Masterton in case Jackson wanted to go flying, or his children wanted to be taken.

As well as the criminal case against DeMarco, there was also civil litigation. DeMarco said his own claim exceeded the $645,000 not handed over to The Vintage Aviator.

Prosecutor Sally Carter asked Eugene DeMarco if he was just "making up" evidence, which he denied.

Earlier in the trial a former friend of DeMarco, who lives overseas, said he invested US$500,000 with DeMarco for an interest in a Curtiss model P40E aircraft. He had left registration of the deal to DeMarco but he later learned it was never formalised.

In his evidence DeMarco said the money was an unsecured loan from his friend.

Article: https://www.stuff.co.nz/national/crime/115639619/sir-peter-jacksons--plane-company-down-645000-from-sale-where-fraud-alleged
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