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Why Golriz Ghahraman Failed To Escape Conviction
Melanie Earley, Senior journalist
A judge has released the reasons why former Green MP Golriz Ghaharaman failed to escape a shoplifting conviction.
Ghahraman was ordered to pay a fine of $1600 and court costs of $260 after admitting shoplifting nearly $9000 worth of goods.
She was charged with shoplifting in January, after it was alleged she had stolen items of clothing from three high-end retail stores.
Ghahraman has expressed her remorse and "deep shame" and all stores had been reimbursed for the total value of the clothing.
Her lawyer, Annabel Cresswell, cited "loss-reactive shoplifting" - when an otherwise law-abiding citizen shoplifts amid a mental health crisis - as an explanation.
The judgment, released by Judge June Jelas on Monday, said her mental health at the time did contribute to the shoplifting, but it was not a causative factor.
Jelas noted at the time of offending, Ghahraman was in therapy and "making good progress", according to a clinical psychologist commissioned by her lawyer.
"It's difficult to reconcile these positive reports with someone so affected by trauma that they would offend in the way Ghahraman did," Jelas said.
Ghahraman's mental health state had made her "more vulnerable" to offend, Jelas noted.
"I accept the Crown submission that this was not spontaneous isolated offending. It occurred over two months. There was clearly an element of premeditation and planning to the offending."
Jelas noted premeditation had been shown by Ghahraman carrying a bag to conceal stolen items.
Jelas said she was also not satisfied a conviction would have a disproportionate adverse consequence on Ghahraman continuing her legal career and applying for a practising certificate from the New Zealand Law Society.
"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.
"I have reached a similar position in respect of consequences for future employment prospects overseas. An international organisation's assessment of Ghahraman's suitability to work as a counsel before an international court or tribunal is an inevitable consequence flowing directly from the offending itself."
The standard of conduct for lawyers was "high", Jelas said, and understandably so.
"They are consequences Ghahraman will encounter primarily as a result of her offending, not the entry of convictions.
"In any event, those consequences are not out of all proportion."
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