THE PRESS (Auckland, New Zealand) 03 June 06 Gecko thieves escape jail (Dean Calcott)
Two thieves who stole three rare breeding geckos from Orana Wildlife Park have escaped jail after a judge accepted they were not stolen for profit.
Sally Somers Stirton, 30, a dancer, and Nicholas John Ormandy, 21, an insulation installer, who each admitted two counts of theft and one of possessing protected wildlife, were both sentenced to 250 hours community work by Christchurch District Court Judge Stephen Erber.
Their sentencing yesterday morning was delayed until the afternoon court sitting so they could make a $1000 donation to Orana Park.
The charges related to the theft of two Northland green geckos and a rough gecko from an enclosure at the park.
The geckos were part of the park's native breeding programme, were absolutely protected, and could have been highly sought after on the international black market.
The judge said in April the pair visited the park and decided they would like one of the geckos they saw displayed. They decided they would like more geckos to encourage mating, and two days later went back and stole two more.
"Fortunately, police very promptly intervened, and on April 12 the geckos were recovered," the judge said. "A victim impact report shows it was clear that had the police not found the geckos, they would not have survived."
Both attended a restorative justice conference where they got an "earful" from Orana Park staff.
The judge said he thought their remorse was genuine, but it was fair of the park to ask for a clear message to be sent by the court, he said.
Their lawyer, Craig Fletcher, said it was spur-of the-moment offending they now recognised was stupid, and they wanted to apologise again for the stress caused to park staff.
Both were aware jail was a possibility, and the implications of the offending went beyond anything they contemplated, Fletcher said.
Prosecutor Catherine Butchard questioned whether the offending was spontaneous, noting that the second theft was two days after the first.
A report from the park said one of the reptiles was the only one of its type on display in New Zealand.
The judge said he accepted the pair wanted to keep them as pets.
The courts usually responded vigorously to thefts of this type of community property, and had it been for profit, each would have got substantial jail.
Gecko thieves escape jail