九一星空无限

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

Golriz Ghahraman convicted for shoplifting spree, fined $1860

Author
Craig Kapitan,
Publish Date
Thu, 27 Jun 2024, 12:47pm

Golriz Ghahraman convicted for shoplifting spree, fined $1860

Author
Craig Kapitan,
Publish Date
Thu, 27 Jun 2024, 12:47pm

Her once-promising political career now in tatters, former Green Party MP Golriz Ghahraman endured another blow this afternoon as she stood in an Auckland courtroom to be sentenced for shoplifting nearly $9000 worth of retail items from high-end stores.

Judge June Jelas denied the 43-year-old former barrister鈥檚 request for a discharge without conviction, decreasing her odds of being allowed to revive her legal career after a seven-year hiatus prompted by her ascension to Parliament.

Ghahraman, who was allowed to sit in the courtroom gallery rather than the dock, lowered her eyes and looked towards a supporter as the decision was announced.

The judge imposed fines totalling $1600 and court costs of $260. Supervision was not imposed.

Former Green MP Golriz Ghahraman appears in the Auckland District Court for sentencing on shoplifting charges. Photo / Michael Craig
Former Green MP Golriz Ghahraman appears in the Auckland District Court for sentencing on shoplifting charges. Photo / Michael Craig

鈥淚 accept Ms Ghahraman is deeply regretful for her offending,鈥 Judge Jelas said.

Ghahraman, standing as the final sentence was imposed, gave a bashful smile as the judge said she hoped she would someday utilise her talents again for the community 鈥渟he has tirelessly endeavoured to serve鈥.

After quickly announcing that she had denied the discharge without conviction, the judge gave more detail as she explained her decision not to impose a custodial or supervision sentence.

There were 鈥渕any factors in Ms Ghahraman鈥檚 favour鈥, she said, explaining that the defendant pleaded guilty at her first appearance, she voluntarily paid restitution and she met with Scotties Boutique to make amends even before criminal charges were laid.

鈥淢s Ghahraman has demonstrated her deep remorse for her offending,鈥 the judge said. 鈥淸She] is seeking to make amends.鈥

The judge described Ghahraman as someone regarded by her peers as a talented and hard-working lawyer 鈥渉eld in especially high regard鈥 by those she has worked with.

The judge also took into account Ghahraman鈥檚 personal history, which included the traumatic experience of childhood in a war-torn country, her exposure to 鈥渧icarious trauma鈥 while immersing herself in war crimes with the United Nations and the 鈥渞egular and extreme abuse and threats鈥 she received while in office.

The judge said she was given examples of some of the threats.

鈥淚 consider them to be deeply disturbing,鈥 she said.

Jelas noted that Ghahraman had been proactive in addressing 鈥渨hy she offended in the way she did鈥.

鈥淕ood immediate progress has been made and the long-term prognosis is positive,鈥 she said of the defendant鈥檚 psychological treatment, noting that Ghahraman has been assessed as a low-risk of re-offending.

While mulling the sentence, the judge said she considered the media attention the case elicited, which she equated to a form of punishment.

Ghahraman had said in court documents that media camped outside her home for three weeks straight when the allegations emerged. However, there is no evidence this occurred.

鈥淭his conduct by the media forced her to stay inside her home for a number of days,鈥 the judge said. 鈥淪he described this as an extraordinarily isolating experience.鈥

It would not have been dissimilar, the judge opined, to someone confined to their home on electronically monitored bail conditions.

That intense media interest can be combined, the judge said, with other punitive consequences Ghahraman has already faced, including loss of employment, income and adverse effects on her mental health.

Ghahraman left the Auckland District Court immediately after the hearing without giving comment.

Ghahraman speaks about 鈥榮elf-sabotage鈥

Today鈥檚 brief hearing follows a longer court appearance on Monday, during which lawyers argued for and against a discharge without conviction. At the end of that hearing, the judge reserved her decision until this afternoon.

Former Green Party of Aotearoa MP Golriz Ghahraman has arrived at Auckland District Court, where she will be sentenced for shoplifting. Photo / Michael Craig
Former Green Party of Aotearoa MP Golriz Ghahraman has arrived at Auckland District Court, where she will be sentenced for shoplifting. Photo / Michael Craig

Ghahraman told TVNZ this afternoon she shoplifted because she wanted to get out of politics.

鈥淭he self-sabotage was to get out,鈥 she said.

鈥淚f I鈥檇 actually sat down and processed the fact that I needed to get out, I would have done things differently and that is my great regret. Like, to have actually caused other people stress and harm, because I couldn鈥檛 stop and go, 鈥榳ell, actually, if there鈥檚 something wrong with you, get help or quit鈥, which is what I should have done.鈥

She told TVNZ she didn鈥檛 get joy out of the crimes.

鈥淚t was just shame, shame, the whole time.鈥

She said she knew she was heading towards self-destruction.

鈥漌hat the hell was I doing? I wasn鈥檛 unaware that I was doing something bad.鈥

Ghahraman told TVNZ she had been having intensive therapy and had had support from many, including comedian Mike King and Speaker of the House, Gerry Brownlee.

She鈥檇 also been talking to the Green Party about their support for MPs should they find themselves in distress.

Ghahraman said if she was a young brown woman with her background, she wouldn鈥檛 get into politics now.

鈥淚 think there鈥檚 better things to do for our communities. That鈥檚 a terrible thing to say ... You know, I didn鈥檛 break the glass ceiling. It鈥檚 like, the shards are still in my face. I just went up against it, really hard.鈥

In theory, Ghahraman could have faced up to seven years鈥 imprisonment for the charges she stole over $7800 worth of clothing during two trips to Scotties Boutique in Ponsonby in the week before Christmas last year.

She also faced a sentence of up to one year鈥檚 imprisonment for pilfering $695 worth of clothing from Cre8tiveworx in Wellington last October and up to three months鈥 imprisonment for filching a $389 cardigan from Standard Issue in Newmarket during the same three-day period when she targeted the Ponsonby store.

But in practice, maximum sentences are rarely if ever imposed - especially for a first-time offender convicted of a non-violent crime. Judge Jelas said at the outset of the Monday that she wasn鈥檛 considering a term of imprisonment, which had not been sought by the Crown.

鈥淪he has apologised publically and accepted responsibility for the offending,鈥 defence lawyer Annabel Cresswell said at the outset of the Monday hearing, arguing that her client鈥檚 embarrassing and thoroughly documented fall from grace was punishment enough.

鈥淪he has taken every possible step to ameliorate what has occurred as soon as possible.鈥

The crimes were not the sort of well-executed heists one might expect from a career criminal, according to descriptions of the incidents outlined in court documents.

There was a reason for that, Cresswell said, describing her client as having been in a mental health crisis spurred by her early childhood in war-torn Iran and the 鈥減ublic vitriol, threats and abuse鈥 she had suffered while in office.

Since her arrest she has been diagnosed with complex post-traumatic stress disorder, which Cresswell said manifested itself through 鈥渓oss-reactive shoplifting鈥 - stealing by otherwise law-abiding individuals as an unhealthy way of coping with trauma and loss.

鈥淭here was no planet in which she was going to continue and continue and continue [without getting caught],鈥 Cresswell said.

鈥淪he knew that this was going to lead to her downfall. She was almost trying to bring this to a climax to say ... 鈥楽omething is very wrong.鈥欌

The defence lawyer recalled that Ghahraman had once told a therapist: 鈥淚 have a tendency to build a house then burn it down.鈥

During the Newmarket theft, Ghahraman chatted with the store manager before stuffing the navy blue jumper from the display into a large tote bag as the manager鈥檚 attention was diverted, according to the agreed summary of facts for the case. The manager immediately noticed the missing item after Ghahraman, the only customer in the store, left.

At least one of the Scotties Boutique thefts was caught on CCTV, leaving no doubt it had been her intention to steal.

During her second theft from the Ponsonby store, the shop assistant was suspicious and asked to search her bags after following her outside.

Ghahraman refused and told the employee she was mistaken, but an associate returned to the store later that afternoon to give back some of the missing items.

Crown Solicitor Alysha McClintock, who handled the high-profile case personally, agreed the thefts weren鈥檛 sophisticated.

But there were 鈥渉allmarks of planning and pre-meditation鈥, she said, arguing against a discharge without conviction.

鈥淭his was a spree of offending,鈥 she explained. It鈥檚 not a one-off event. It鈥檚 not a moment of madness case.鈥

While a psychological report noted 鈥渁 possible link鈥 between her offending and mental health, there鈥檚 a less 鈥渢enuous鈥 explanation, McClintock suggested.

鈥淸It is] simply that she wanted the items that she took,鈥 she said.

鈥淥n its face, that explanation, given the nature of the conduct, appears to be the more likely of the two.鈥

Ghahraman resigned from Parliament on January 16, just less than a week after 九一星空无限鈥檚 ZB Plus broke the story of the first Scotties Boutique shoplifting allegation. She had given up her portfolio, which included serving as the Green Party鈥檚 justice spokesperson, days earlier.

She declined to speak to the media but apologised in a written statement for her 鈥渃ompletely out of character鈥 behaviour.

鈥淚 am not trying to excuse my actions, but I do want to explain them,鈥 she said.

鈥淭he mental health professional I see says my recent behaviour is consistent with recent events giving rise to extreme stress response, and relating to previously unrecognised trauma.鈥

She added: 鈥淧eople should, rightly, expect the highest standards of behaviour from their elected representatives. I fell short. I鈥檓 sorry. It鈥檚 not a behaviour I can explain because it鈥檚 not rational in any way, and after medical evaluation, I understand I鈥檓 not well.鈥

Former Green MP Golriz Gharahman leaves Auckland District Court in March after pleading guilty to shoplifting charges. Photo / Dean PurcellFormer Green MP Golriz Gharahman leaves Auckland District Court in March after pleading guilty to shoplifting charges. Photo / Dean Purcell

In her 2020 memoir, Pull No Punches, Ghahraman talked openly about having seen a psychologist for years to deal with anxiety even as her legal and then political careers flourished.

Her political profile was high from the start, noted as New Zealand鈥檚 first refugee to be sworn in as an MP when her eighth spot on the party list in 2017 allowed her to eke by with a seat in Parliament after the special votes were tallied.

Profiles often focused on her history as a human rights lawyer, having worked with United Nations war crimes tribunals after obtaining a master鈥檚 degree at Oxford University.

But since her return to New Zealand in 2012, she had focused largely on criminal defence work in South Auckland, which she often described as another form of human rights work.

She spent four years on the executive committee of the New Zealand Criminal Bar Association before joining Parliament.

Ghahraman told the Herald in 2017 that she hoped her time as a defence lawyer - helping clients find the rehabilitative resources they needed - would inform the way she approached her new political career.

She explained: 鈥淗ow we treat everyone, including the delinquents, that鈥檚 the making of us.鈥

Today鈥檚 decision regarding her discharge without conviction request was high stakes for Ghahraman, who has confirmed in court filings that she may want to reapply through the Law Society for permission to practice law again. Her licence had expired while serving in Parliament, which is standard procedure.

While a conviction wouldn鈥檛 outright bar her from applying, it would pose a significant hurdle in being allowed to practice again, Cresswell told the judge. It would also likely prevent her from serving as a human rights lawyer again with the United Nations, she said.

The Crown countered that the Law Society would be tasked with looking at the incident itself when determining if there was a 鈥渄efect of character鈥 unworthy of a licence - not making a black-or-white decision based solely on a conviction.

If her aspirations for a future law career are derailed, it will be because of her poor choices rather than because of her conviction, McClintock said.

In determining the outcome of the case, the judge should take into account the considerable breach of trust, the prosecutor added.

鈥淎 person of her standing and her role has a certain standard expected of them - as a former lawyer and as a member of Parliament,鈥 she said.

Craig Kapitan听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