Mental health did not make Golriz Ghahraman shoplift, judge found

Monday, 1 July 2024

Former Green MP Golriz Ghahraman failed to escape a conviction on June 27, after she admitted shoplifting nearly $9000 worth of goods.

Her lawyer argued she was suffering from a mental health crisis at the time and that was a clear and logical explanation for the offending.

Ghahraman has expressed deep remorse and said she felt shame for the offending.

Former Green MP Golriz Ghahraman’s mental health contributed to the shoplifting she admitted but was not a causative factor, a judge has found.

On June 27, 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 nearly $9000 worth of goods from three boutiques. She pleaded guilty to all charges in March.

At the hearing last week, 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.

Now, Judge Jelas’ full reasons for not granting the application can be reported.

Cresswell had submitted it would be difficult for Ghahraman to move on and return to working as a lawyer if she had a conviction entered against her name. Same with international travel and work.

However, Judge Jelas was not satisfied this would be the case.

“The future assessment into Ms Ghahraman’s fitness to practise is primarily triggered by her offending. The entry of the convictions will be a factor undoubtedly considered by the Law Society but not a determinative factor. The factors that would be considered by the Law Society extend well beyond the entry of a conviction.”

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.

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.

Judge Jelas said the clinical psychologist who had assessed and been treating Ghahraman for the past two years, did not articulate whether her mental health contributed to the offending.

“At best, [the clinical psychologist] records the possibility that Ms Ghahraman’s offending is ‘consistent with her trauma symptoms’,” Judge Jelas said.

Judge Jelas accepted McClintock’s submission that the clinical psychologist’s report is equivocal on the critical issue of causative link.

“As a result, I am unable to accept Ms Cresswell’s submission that Ms Ghahraman’s poor mental health was a substantive or operative cause of the offending before the court.”

However, the judge as well as the police, accepted Ghahraman was suffering from mental health issues at the time of the offending as a direct result of past and ongoing exposure to trauma.

“Ms Ghahraman has been working under extremely stressful circumstances for a considerable period. She has endeavoured to continue to serve her community despite the ongoing unacceptable harassment and threats directed at her.”

“I consider her mental health to be a feature contributing to the offending but not necessarily causative of it. Her mental health has made her more vulnerable to offend.”

In deciding the sentence, Judge Jelas said this was not spontaneous isolated offending.

The Judge also didn’t accept Ghahraman’s mental health would be further impacted if a conviction was entered.

“[The clinical psychologist] reports Ms Ghahraman has a good level of insight and can think through solutions with help and can consider options and consequences. Ms Ghahraman can translate insight into action. Ms Ghahraman reports that in the five or so month since the offences she is better able to respond to her mental health stresses.”

“Shame, embarrassment, public humiliation, relentless media attention, resignation from employment have all resulted from the offending.”

The judge was not satisfied the entry of a conviction would be out of all proportion to the gravity of Ghahraman’s offending.

Judge Jelas gave Ghahraman credit for accepting full responsibility at the earliest opportunity, the intense media attention and her past trauma.

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

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.

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. She had 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.