Golriz Ghahraman convicted of shoplifting and ordered to pay fine and court costs

Thursday, 27 June 2024

Former Green MP Golriz Ghahraman has failed to escape a conviction after she admitted shoplifting $8367 worth of goods from three different clothing stores.

Judge June Jelas declined Ghahraman’s request for a discharge without conviction and ordered her to pay a fine of $1600 and court costs of $260.

Ghahraman was charged in January following a shoplifting investigation which found she had stolen clothing from three shops. She pleaded guilty to all charges in March.

At the hearing on Monday, Ghahraman’s lawyer, Annabel Cresswell, argued the former MP, first generation refugee and someone who had dedicated her whole life to justice and supporting minority communities, should be discharged without conviction.

Cresswell said mental health underpinned the offending.

On Thursday, Judge Jelas said Ghahraman accepted responsibility for the offending at the earliest opportunity and was therefore entitled to full credit for that.

“I accept Ms Ghahraman is deeply regretful of her offending and I hope in time she will again be able to utilise her many talents and skills for the communities she’s endeavoured to serve,” the judge said.

In considering the punitive aspect to the sentence, the judge took into account he significant media attention Ghahraman faced after the offending came to light.

In an affidavit to the court, Ghahraman said the media were camped outside her house for three weeks, she felt like she could not leave and was extremely isolated.

The judge said credit was also due for the trauma Ghahraman had faced, given she was born into a war torn country and escaped as a refugee to New Zealand and the trauma she was exposed to her through her work as both a human rights lawyer and MP.

'She has had a traumatic experiences through the regular threats directed towards her as a MP….I consider them to be deeply disturbing,“ Judge Jelas said.

Judge Jelas said Ghahraman was a talented and hard working lawyer both in New Zealand and internationally and was of prior good standing. The judge accepted Ghahraman was at low risk of re-offending.

She is also entitled to a discreet credit for remorse, Judge Jelas said.

“She’s been proactive to seek to make amends to her offending,” Judge Jelas said.

A medical report tendered to the court said Ghahraman had since been diagnosed with complex Post Traumatic Stress Disorder and Prolonged Duress Stress Disorder.

Cresswell said her client felt a significant sense of shame which stopped her asking for help and telling others about the shoplifting.

This is consistent with the trauma symptoms and labelled as loss-reactive shoplifting, the medical report said.

A conviction could impact on her ability to return to practising law both her in New Zealand and overseas.

On Wednesday, Ghahraman broke her silence for the first time since she resigned as an MP.

She told Stuff’s chief political correspondent Tova O’Brien she refuted using mental health as a shield to lessen the reputational damage of being caught shoplifting.

“Nobody's getting off easy by publicly talking about being f…… in the head, being someone who's in a mental health crisis,” she said.

Auckland’s Crown Solicitor, Alysha McClintock, appearing on behalf of the police, opposed the application for a discharge without conviction. She said this was not a “moment of madness”, but rather a spree of shoplifting.

“This was considered conduct that was repeated,” McClintock said.

McClintock accepted Ghahraman was remorseful, had pleaded guilty at the earliest point, reparation had been fully paid and there’d been adverse consequences.

“The prior online abuse she’s suffered is abhorrent.”

She did however contest the defence’s submissions about the link between the mental health and the offending.

“There is nowhere near a material contribution of her mental health to the shoplifting…it is no more than a possibility,” McClintock said.

Shoplifting revealed

According to court documents released to Stuff after Ghahraman entered the guilty pleas, the former MP entered and browsed the stores, even trying items of clothing on before concealing items in her bag and leaving without paying.

In October, Ghahraman entered Cre8iveworx in Wellington with a male associate.

She removed a number of clothing garments from the display rack and took them into the changing rooms.

Whilst hidden behind the privacy curtain in the changing room, Ghahraman put a Zambesi shirt, worth $695, inside her clothing or bag.

She did buy a pair of pants with her credit card at the counter, but made no attempt to pay for the Zambesi shirt.

Two months later on December 21, Ghahraman went to Scotties Boutique in Ponsonby with two associates. Shehad a large tote bag over her right shoulder.

At about 4.03pm, she removed a black “Acne Studios Single Breasted Coat” from a display rack, valued at $1900.

She then took a pair of black pants from a separate display rack and entered the changing room with both items.

While concealed from view, Ghahraman placed the coat inside her tote bag.

She put the pair of black pants back on a display rack.

Ghahraman continued browsing the store and at 4.09pm removed a black “Commes des Garcons Wallet” from the display cabinet, valued at $160. She surreptitiously put the wallet inside her tote bag.

She continued to browse the store until 4.25pm, but left without making any purchases or attempting to pay for the coat and wallet hidden inside her bag.

The next day, Ghahraman visited Standard Issue in Newmarket. She picked up a navy cardigan, worth $389, and while the manager’s attention was “briefly diverted”, Ghahraman placed the cardigan inside her brown tote and promptly left the shop.

Ghahraman was the only customer in the store at the time.

The following day, December 23, Ghahraman went back to Scotties Boutique. This time she had a large black tote bag and a smaller red satchel bag over her shoulders.

Immediately after entering the shop, she removed a large empty brown tote from inside the black tote bag and placed it over her left shoulder.

The then MP stopped at a display cabinet and removed a charcoal grey “Bao Bao Issey Miyake Lucent” bag, worth $650. She scanned her surroundings and placed it into one of her bags.

Shortly after, she took four clothing items into a changing room, including a black “Two Squares Simple Slip dress” ($333) and a black “Row Calanthe Dress” ($4500).

While hidden behind the privacy curtain she placed both dresses inside one of her bags.

She opened the curtain and placed a long sleeve dress back on the display rack.

Ghahraman also bundled a “Lemaire Crepe Tank top” ($290) into her bag.

She then left the shop, but a store employee approached her in the car park and asked to check inside her bag.

She refused to show the contents of her bag and offered an explanation. Back inside the shop she pointed to a dress hung inside a coat.

“The employee accepted this explanation and allowed her to leave.”

But about an hour later, an associate of Ghahraman’s went back to the boutique and returned the items of clothing she had taken, except the tank top.