Irate businessman slams sentence

A Blenheim businessman is furious his former employee has got off lightly for stealing more than $40,000 from his business.

"She went for a two-week holiday to Fiji at a five-star resort [over Christmas last year] on my money," Rod Thompson said yesterday after Karen Vunisa was sentenced in the Blenheim District Court.

"I spent a week in Christchurch with my brother-in-law."

He rejected a suggestion Vunisa took the money to feed a shopping addiction, saying she just wanted to live the good life.

Mr Thompson owns Marlborough TV Services, where Vunisa worked for eight years.

He bought the business four years ago and believes Vunisa started stealing after she got married about two years ago.

An accountant had checked the books in December and noticed the business had not been making any money.

Vunisa's stealing had almost sent the business under, Mr Thompson said.

While she had been convicted of stealing more than $40,000, she had not been sent to jail and had been ordered to repay only $15,000.

The judge said it was not realistic to make her pay more reparation, adding that Mr Thompson could take Vunisa to civil court to recoup the rest.

Mr Thompson said police had told him to think of the worst but hope for the best.

"This was my worst case scenario," he said.

"All I wanted was my money back and I didn't get it so, really, she won."

Vunisa was in charge of the daily running of the business and took the money by diverting it into her own bank account on 103 occasions.

"I trusted her as a friend. She even came to my wedding.

"The worst thing is that she could come to work and lie to my face like nothing was happening," Mr Thompson said.

He planned to take civil court action to recoup the remaining $25,000.

On top of the $15,000 reparation, Vunisa was sentenced to six months' home detention and 250 hours' community work.

She was also sentenced to two months' home detention, to run concurrently, for charging two items to the company without authority.

Mr Thompson said Vunisa was a "bad apple" but it did not change the way he saw people in general.

"I was way too trusting."

He takes care of business payments himself these days and said he would do police checks before hiring any new staff.

By Simon Wong - The Marlborough Express

Last updated 11:28 29/09/2010

Mum who stole $40,000 avoids jail

A 47-year-old Blenheim woman who embezzled more than $40,000 from her employer over 11 months was sentenced to home detention when she appeared in the Blenheim District Court yesterday.

Karen Lesley Vunisa was sentenced to six months' home detention, 250 hours' community work and ordered to pay $15,000 reparation to her former employer, Marlborough TV Services, on a charge of using a computer system for pecuniary advantage and two charges of obtaining ownership of property by deception.

Judge Stephen Harrop said Vunisa was in charge of the day-to-day running of the business and between February 2009 and January 2010 used an internet banking system to divert money from the business into her own account 103 times.

Vunisa also charged two items to the company without authority, he said.

Crown prosecutor Craig Stevenson said despite the 11-month period shown on the charge sheet, the offending happened over two years.

Forty thousand dollars was a significant amount for any small business and there was no prospect of Vunisa repaying a lump sum, he said. It was not realistic to pay the full amount other than to "drip feed" it, he said.

A starting point of 12 or 15 months' imprisonment would be appropriate, he said.

Defence counsel Bryony Millar said a report from Addiction Services showed Vunisa had underlying issues, including a shopping addiction and she had a breakdown after she was charged.

Imprisonment would cause hardship for Vunisa, who was caring for her 18-month-old son and elderly mother. Her husband worked full time in the forestry industry, Mrs Millar said.

If she went to jail, her husband would need to leave his job or the child would have to be sent to her husband's home country, Fiji, to be looked after by family, she said.

Vunisa offered a gold necklace to the victims to go towards reparation, which Judge Harrop said would not be appropriate.

Judge Harrop said Vunisa breached the trust of her employer in a "persistent, deliberate and selfish way" with "devastating" effects on the business.

Vunisa was remorseful, but "remorse after one is caught is different than feeling it halfway through and confessing", he said.

Vunisa's offending had created a ripple effect, he said.

"It will affect a number of people in a number of ways for a long period of time. It's not like an assault – this sort of thing can cause enormous stress and that's an ongoing thing," he said.

Judge Harrop said $15,000 was the only "realistic" amount he could order, but the victims could take civil action to recoup the rest.

The Marlborough Express

Last updated 11:28 29/09/2010

Child porn youth loses suppression

An 18-year-old Kaikoura youth who had 4000 sexual images of children on his computer lost a bid for final name suppression when was sentenced in the Blenheim District Court yesterday.

Blair James Cleall was sentenced to 12 months' intensive supervision and 125 hours' community work and was ordered to forfeit the computer equipment and images when he appeared on six representative charges of knowingly possessing objectionable material.

Judge Stephen Harrop said allowing Cleall's name to be published had potential to have a significant deterrent effect.

If people were caught, they would be named, the judge said.

There was a strong presumption in favour of naming every defendant and the details of their crimes because of strong public interest, he said.

Defence counsel Laurie Murdoch said lifting the interim name suppression would be an "acute and separate punishment" and Cleall needed to be able to fulfil his intensive supervision and counselling, which could not happen if he was named.

Crown prosecutor Hugh Boyd-Wilson said Cleall made 213 files on February 7 last year with names involving explicitly objectionable material available through a filesharing programme.

An Internal Affairs inspector located and traced the files and user details through an internet service provider. Four thousand objectionable still and video images, text files, PDF files and cartoon images were found on the computer depicting rape, molestation and incest involving girls aged between 3 and 15. Cleall admitted the computer was his and that he started looking for the images when he was 15. Cleall still seemed to be minimising his behaviour, saying he was searching for adult images and didn't understand how damaging they could be, Mr Boyd-Wilson said.

Judge Harrop said the maximum penalty for each charge was five years' jail or a $50,000 fine, which indicated how seriously Parliament and the community viewed the offending.

"It's important to say here that this should not be thought of as victimless offences. The girls are the victims here.

"If no one paid or downloaded the images, they wouldn't be involved in this sort of activity," he said.

The consequences of publishing his name would not be significant enough to outweigh keeping name suppression and Cleall was still held in high regard by his employer, who already knew about the charges, he said.

Judge Harrop agreed with a recommendation for intensive supervision and community work because Cleall "needed rehabilitation rather than out and out punishment".

"Prison would be something the offending justifies, but wouldn't be right for you because you need assistance rather than punishment."

Lifting suppression was a "significant penalty" on its own and was taken into account in the final sentencing, he said.

The Marlborough Express

Last updated 11:49 28/09/2010

Teenager admits part in crime spree

A Blenheim teenager has admitted his part in a series of thefts at the Waikawa Marina.

Shannon Robert Ward, 19, pleaded guilty to a list of charges when he appeared in the Blenheim District Court yesterday.

Police prosecutor Sergeant Graham Single said Ward and an associate went to the marina on September 7 and came up with a plan to steal a dinghy from a yacht and then hide in the Marlborough Sounds.

The pair took a dinghy from under bushes on the foreshore and rowed out to a moored yacht, boarded it and cut loose a three-metre inflatable dinghy with an outboard motor, Mr Single said. They started the motor and towed the first dinghy back to shore, but could not get the motor to work properly.

The pair tied the inflatable dinghy to a jetty, then found another outboard motor in a secure compound, Mr Single said. Ward and his associate crawled under the fence and disconnected the motor. They also broke into a boat in the compound and took a gas cooker, a gas bottle and a frying pan.

The pair were seen by a witness, who called the police. They found a third dinghy and dumped its outboard into the sea so they could put the stolen motor in its place.

Ward admitted taking the first two dinghies and the outboard motor, but denied being there when the outboard from the third dinghy was dumped, Mr Single said.

Judge Stephen Harrop convicted Ward and remanded him on bail to be sentenced on October 11.

Growing cannabis

A 37-year-old Picton father who was growing cannabis under his house will be sentenced in November.

Aaron David Reece admitted possessing cannabis material and cannabis seeds and cultivating cannabis, and was remanded on bail to November 15.

Mr Single said police searched the house where Reece lived with his wife and child on September 16, and found the cannabis plants via an access door in the garage.

They found about 3.6 kilograms of cannabis, which had a value of about $2500, and a total of 1448 cannabis seeds. Reece told police the cannabis was for his own use.

Converted cubicle

A 36-year-old Picton man converted a shower cubicle in his home into a cannabis-growing area, police say.

James Spence yesterday admitted charges of possessing cannabis, cannabis seeds and utensils to smoke cannabis, and cultivating cannabis.

Mr Single said Spence showed police the cubicle when they searched his house. Police also found about 150 grams of cannabis, plastic bongs, 29 cannabis seeds and three seeds growing in pots outside.

Spence told police he grew cannabis for his own use and smoked it daily.

Spence was remanded on bail and will be sentenced on November 22.

Double the limit

A Blenheim man caught driving from a Wairau Valley pub to Blenheim with more than double the legal blood alcohol limit was sentenced to community detention yesterday.

Jody Frank Woledge, 43, was sentenced to six months community detention, 225 hours of community work and 12 months supervision, and was disqualified for 18 months and ordered to pay a total of $338 in medical fees, for his fourth conviction for driving with excess breath alcohol.

Judge Harrop also ordered Woledge to have no interest in a motor vehicle for 12 months, meaning he would have to give up ownership of any personal vehicles for that period.

Woledge was stopped by police on July 11 and was found to have a blood alcohol level of 174 milligrams per 100 millilitres of blood. The legal limit is 80mg.

"I'm not sure how far away [from Blenheim] you were stopped, but you at least had the intention of exposing other road users for an extended period of time," the judge said.

Woledge, who represented himself, denied telling police he drove drunk "all the time". He said he missed a scheduled alcohol and drug appointment because he worked long hours.

He had made a "bad error of judgment", he said.

Judge Harrop said Woledge's attitude and history were "worrying", with each previous drink-driving conviction involving more than double the legal limit, and in one case three times the limit.

"You've been given lectures by judges before to help you change your ways, and it hasn't worked. What I'm giving you today is a last chance to stay in the community," he said.

Asleep at the wheel

A Brazilian national found asleep at the wheel in his stationary car in the middle of the road was sentenced to community work.

Lucas Santana Calixto, 21, vineyard worker, admitted driving with excess breath alcohol and driving while disqualified. He was sentenced to 180 hours of community work, 12 months disqualification and a further six months concurrent disqualification.

Calixto was also ordered not to have an interest in a motor vehicle for 12 months.

Mr Single said Calixto was driving in Kinross St about 4.30am on September 12. Someone called the police, who found the car stopped in the middle of the road.

Calixto was asleep and had his seatbelt on, but the car's engine was not running. He was found to have excess breath alcohol of 712 micrograms per litre of breath. The legal limit is 400mcg.

Defence lawyer Bryony Millar said Calixto was in the country on a working holiday and could speak little English, which left few options besides community work.

Drink-driving charges

Other drink-driving matters dealt with yesterday:

Richard Francis Rutland, 55, shearer, Blenheim, 706mcg, third or subsequent charge; convicted and remanded for sentencing on November 8.

Vincent Roy Gardiner, 27, pilot, Blenheim, 692mcg and driving while disqualified; 160 hours community work, nine months disqualification, six months supervision, and six months disqualification (concurrent) for driving while disqualified.

Gregory John Blick, 23, builder, Blenheim, 713mcg; $700 fine, six months disqualification.

Joshua Martin Svensson, 19, meat inspector, Blenheim, 985mcg and driving while disqualified; convicted and remanded for sentencing on November 22.

Seth John Nicholls, 19, labourer, Blenheim, 932mcg; $950 fine, six months disqualification.

The Marlborough Express

Last updated 11:50 28/09/2010

Kiss a policeman, off to cells

Giving a police officer a huge kiss on the face after being offered a lift home did not end well for a Blenheim man, who instead got a ride to the police cells.

Constable Michelle Stagg said police were called to Wither Rd at 11.30pm on Saturday after complaints that a party was getting out of control. They found the offender unwilling to leave.

When police offered to take him home, the grateful man grabbed an officer and kissed him on the face, Miss Stagg said. He was promptly arrested for offensive behaviour.

The man's mood turned sour, and he tried to headbutt the officer in the patrol car and kicked him in the shins, she said.

The man also headbutted the perspex screen at a counter at the police station and tried to headbutt a second officer, Miss Stagg said.

She said police found cannabis in the man's pockets.

A 40-year-old unemployed man has been charged with offensive behaviour, assaulting police, resisting arrest and possessing cannabis.

he Marlborough Express

Last updated 11:17 27/09/2010

Judge calls off assault trial

A jury trial for a bus driver accused of indecently assaulting a school girl was abandoned yesterday after the jury lost two members.

The jury sitting in the Blenheim District Court was reduced to 11 on Monday after one juror realised she knew a relative of the complainant. Before the trial resumed yesterday morning, Judge David McKegg said "a matter" had arisen that made it impossible for a second juror to continue and he abandoned the trial.

The accused, aged in his 60s, is alleged to have indecently assaulted a Marlborough Girls' College student on a bus last year.

He cannot be named because it may identify the complainant.

The man was remanded to appear before the court again on November 9 in preparation for a new trial, for which a date has not yet been set. The Marlborough Express

Last updated 11:47 22/09/2010

Seddon dad admits leaving kids in car

A Seddon father who left his two young children in the car for an hour while he went to an appointment has been ordered to do a parenting course by a district court judge.

Marlon Christie, 31, labourer, admitted a charge of leaving a child under the age of 14 without supervision when he appeared in the Blenheim District Court yesterday.

Judge Richard Russell said that if Christie completed a parenting course by December, he would be convicted and sentenced only if called upon.

Police prosecutor Sergeant Steve Frost said Christie drove to an appointment in Blenheim about 1pm on September 9, taking his two children, aged three and four. He left the children in the car and was away for about an hour. A member of the public called the police, and Christie told them he did not think the appointment would last as long as it had.

Defence lawyer Tane Brunt said Christie had an appointment with probation services and no-one else was available to look after the children. He had gone in and out of the office to check on them.

Christie told Judge Russell he "messed up and made a bad judgment" but was doing what he was required to do by probation officers.

Judge Russell said he would prefer to have Christie learn new parenting skills rather than fining him and risking him becoming "lost in the system".Attempted burglaryA Blenheim man who cut himself while trying to break into the Omaka Aerodrome, leaving a trail of blood, admitted a charge of attempted burglary when he appeared in court yesterday.

Seth John Samuels, 28, was granted bail and will reappear for sentencing on November 15.

Mr Frost said Samuels smashed a window while trying to break into a building in Aerodrome Rd on July 20 but cut himself on the glass, leaving blood on the wall below the window. Police tested the blood the next morning.

Samuels told police he had been in Wellington at the time and could not explain how his blood ended up at the scene.

Judge Russell said Samuels had just been released from prison. He called for a pre-sentence report and an alcohol and drug report.Car confiscatedA Blenheim man caught driving with almost twice the legal breath alcohol limit had his car confiscated when he appeared in court yesterday.

Hamish Kent Wilson, 31, admitted driving with excess breath alcohol, driving while forbidden and careless driving, and will be sentenced on November 15.

Mr Frost said Wilson was driving in Grovetown about 7.30pm on September 12, and stopped for food on the way home from a friend's house. He had drunk about 15 beers.

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Wilson became distracted and swerved to miss a van, hitting a car parked on a grass verge, Mr Frost said. Both cars were extensively damaged.

Wilson recorded a breath alcohol level of 743 micrograms (legal limit 400mcg) and did not hold a licence.Sentencing delayedThe sentencing of a Blenheim man after a hit-and-run accident was delayed yesterday because of a Probation Office error. Clifford Brent Markland, 55, beneficiary, was to be sentenced on charges of driving dangerously causing injury and failing to stop after an accident involving injury, but the Probation Office had not completed the necessary reports.

The charges were laid after an accident on the Weld Pass on May 16, in which a 37-year-old Christchurch man was seriously injured.

Markland was remanded on bail and will be sentenced on October 27.Girl followedAn Iraqi man who followed a Marlborough Girls' College student to school told the judge yesterday he was not a danger to the community.

Sabah Ali Mahmoud, 38, was sentenced to 80 hours' community work and 12 months' supervision and given a final warning on two charges of following the girl, knowing his conduct would cause her to fear for her safety.

Judge Russell said Mahmoud struck up a conversation with the 15-year-old student on her usual route to school on July 15. He said later she had "taken his heart" and he had dreamed about her.

On another occasion, Mahmoud tried to have a conversation with the girl as she passed his house, and followed her until she got to school.

The next day, Mahmoud drove alongside the girl until she crossed the footbridge over the Taylor River.

Mahmoud's pre-sentence report said he thought the girl was 16, and he did not mean her any harm, Judge Russell said.

"Even if she was 16, there is still more than 20 years' age difference. People are entitled to have their children go to and from school safely," he said.

"There was no excuse, even on cultural grounds."

Parenting course ordered

The Marlborough Express

Last updated 12:47 21/09/2010