Spat over Sounds oysters goes to trial
A Marlborough oyster grower is on trial for allegedly stealing oysters from a nearby farm to recover an outstanding debt.
Okiwi Bay oyster grower Maurie Hebberd is facing a charge of theft in relation to taking oysters dishonestly without claim of right from a farm in Wairangi Bay in the outer Marlborough Sounds.
It is alleged that Hebberd stole more than 36,000 oysters in late 2016 from the farm, which was leased by Aquaculture NZ. The jury trial began in the Nelson District Court on Wednesday.
Aquaculture NZ shareholder Ronald Whiteley told the court that when he learned that the oysters had been stolen, he contacted Hebberd. ‘‘He admitted taking them as payment for a debt that I owed him,’’ Whiteley said.
Whiteley said he had engaged Hebberd’s company, Hebberd Marine Farm Services, through a third party to harvest oysters for him in late 2015. Whiteley was invoiced $9241 for the harvesting work by Hebberd’s company. He said he did not pay the bill because he was relying on a payment from the third party.
After the oysters were taken, Whiteley engaged a lawyer.
The court heard that an email from Hebberd to the lawyer said he had heard from others that the oysters at the Wairangi Bay farm were going to be sold. ‘‘This is when I decided to take some crop to cover the longstanding account, over a year, that he still hadn’t paid me for, as I will never be paid once the crop has gone,’’ the email read.
Hebberd said he had previously offered to take oysters to cover the outstanding account but was turned down. Whiteley said ‘‘no such offer’’ was ever received.
Whiteley said he had never said he was going to sell the oysters, because they were not his. They belonged to his son, Andrew Whiteley.
Okiwi Bay Aquaculture director Margaret Hippolite, who manages the Wairangi Bay farm with her husband, said there had been an agreement to sell the 36,960 oysters to a company for $5.50 a dozen. This would equate to a total of $16,940.
Havelock police constable Nigel Young said he contacted Hebberd in March 2017 to put to him the allegation that he had stolen the oysters. ‘‘He wasn’t very happy – he sort of swore down the phone and said he was not interested in talking about it.
‘‘He had taken the crop as payment for an outstanding debt, and mentioned he would sue Mr Whiteley, and any court costs he would take more crop to cover those.’’
No witnesses were called by the defence. The trial will continue with closing arguments today.