Train looters avoid penalty

Two men who stole items from a train near Kaikoura after the November 14 earthquake have avoided theft convictions.

Angus Clarence Garrett, 18, and Ricky Clark, 29, took items from a train trapped between landslides two days after the earthquake.

Garrett’s lawyer Rennie Gould said Garrett stole the items to survive in ‘‘extreme circumstances’’, and should be discharged without a conviction.

‘‘It’s hard to imagine a more deserving case,’’ Gould said at Garrett and Clark’s sentencings at the Blenheim District Court on Monday.

Police said Garrett took two frying pans and some baby formula from the train, worth between $100 and $200, while Clark took items worth $2600, including tools, Christmas cookies and a 50cc minibike.

Garrett was visiting friends in Kaikoura on the night of the earthquake, and was separated from his family in Clarence by the landslides, Gould said.

He had to sleep in a car, had no access to running water, and was unable to contact his family for several days, she said.

Garrett and Clark were walking through Mangamaunu, north of Kaikoura, when they found the train. They were with two other people who were also charged with stealing from the train.

After taking several items home, Garrett and Clark discussed the loot and decided to take it back.

When they returned to the train police were monitoring the site, so they confessed to having taken items. Police charged them with theft.

A week later, police searched Garrett’s house. They did not find any other items from the train, but they did find two homemade bongs made from bottles, and Garrett was charged with possession of cannabis utensils.

They also searched Clark’s house, finding five cannabis plants in his backyard, and he was charged with cultivating cannabis.

Garrett and Clark admitted the charges. Clark also admitted driving while forbidden on February 10.

Judge Tony Zohrab said Garrett had a history of cannabis charges.

Garrett quit smoking cannabis after being charged, and started a job in weed control where he would be regularly drug-tested, Gould said.

Police did not oppose a discharge without conviction.

Garrett was discharged without conviction on the theft charge, and convicted and discharged on the cannabis charge.

Clark’s lawyer Luke McGuinniety said his client should be treated the same as Garrett on the theft charge. The cannabis plants were grown for personal use, as pain relief for back pain, and McGuinniety produced a letter from Clark’s doctor to support this.

Clark was discharged without conviction on all charges.