Former Green MP Golriz Ghahraman’s appeal over shoplifting convictions fails
Monday, 21 October 2024
Golriz Ghahraman appealed her shoplifting convictions last Monday.
Ghahraman stole $8367 worth of clothing before resigning as an MP.
She subsequently pleaded guilty and was convicted and fined earlier this year.
Former Green MP Golriz Ghahraman has failed to have her convictions for shoplifting quashed.
Ghahraman pleaded guilty to four charges of shoplifting following an investigation which found she had stolen around $8367 worth of clothing from three shops in Wellington, Ponsonby and Newmarket in 2023.
Ghahraman was charged in January following a shoplifting investigation which found she had stolen goods from three boutiques. She pleaded guilty to all charges in March. The allegations prompted Ghahraman to resign as a Green list MP.
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 then appealed her convictions at the High Court, but on Monday Justice Geoffrey Venning issued his decision declining the appeal.
At the appeal hearing, Ghahraman’s lawyer, Annabel Cresswell said the convictions may impact the former MP’s job application at the International Criminal Court.
People cannot work for the ICC if they have been convicted of serious criminal offending, Cresswell said, however it was was unclear if Ghahraman’s offending was serious enough for this to be a barrier.
The added stress from the risk on her future employment options would have a further negative impact on her mental health, Cresswell added.
Following her offending, Ghahraman was diagnosed with complex post traumatic stress disorder and prolonged duress stress disorder.
In an earlier affidavit, Ghahraman said the stresses of her work led her to experience “a feeling of nothingness”.
“This kind of risky behaviour made her feel something, even if it was negative,” Cresswell said.
Ghahraman described her offending and its consequences as “the worst period of my life”.
Auckland’s Crown Solicitor Alysha McClintock, acting on behalf of the police, argued any impacts on Ghahraman’s future employment and mental health were consequences of the offending itself, not the convictions.
Ghahraman did not hold a current practising certificate, meaning the New Zealand Law Society would need to consider whether she was fit enough to work in the industry.
McClintock argued Ghahraman’s poor mental health had been adequately considered by Judge Jelas when discounting her sentence. The sentence was also discounted for remorse, early guilty pleas, Ghahraman’s resignation and loss of income, high media interest and the fact that she was a first time offender.
In Justice Venning’s decision, he said Ghahraman will have to address the good character issue with the Law Society.
“Convictions on the charges will add little to that assessment. The Law Society’s focus will inevitably be on Ms Ghahraman’s conduct in relation to the offending itself,” Justice Venning said.
Her ability to work overseas in the ICC will also be determined by whether or not she obtains a practising certificate in New Zealand, the judge said.
Justice Venning also assessed whether the consequence of a conviction was out of all proportion to the gravity of the offending.
“…it follows that on any consideration of the proportionality the consequences of conviction cannot be said to be ”out of all proportion“ to the gravity of the offending in this case.”
The shoplifting
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.