The New Zealand Herald

Spy resentence­d over theft at base

- Sam Hurley

A former New Zealand Defence Force “secret agent” who was wounded in action has been resentence­d after stealing sensitive operationa­l material with the help of his security clearance.

But the judges who have overseen his case have been sympatheti­c to the soldier’s “hostile war service in highly sensitive areas” and have called on the Government to assist in his recovery.

Corporal Richard Graham was convicted on appeal by Justice Anne Hinton in January for charges relating to burglary, offering to supply drugs, possession of a psychoacti­ve product and possession of a controlled drug.

Last October, police appealed District Court Judge Belinda Pidwell’s decision to discharge him without conviction.

Graham then appealed Justice Hinton’s decision to the Court of Appeal but was turned away in May.

Yesterday, the 33-year-old veteran was resentence­d to six months’ community detention and 12 months’ supervisio­n by Judge Kevin Glubb in the Waitakere District Court.

His offending occurred in September 2016, when the enlisted man was living and working at the Whenuapai Air Force base.

Graham entered the base’s communicat­ions building and force protection unit’s building where he took laptops and operationa­lly sensitive items worth $200,000, the court heard yesterday.

Between 2011 and 2015, Graham served in a specialist intelligen­ce role as an active operative, but his unit and the nature of its operations during that time remain suppressed.

However, the Herald revealed he was deployed to East Timor twice as part of Operation Koru, NZDF informatio­n obtained under the Official Informatio­n Act showed. He was first deployed between September 2010-May 2011 and again between April 2012-November 2012, his service record read.

The NZDF confirmed Graham had been dishonoura­bly discharged as a result of his offending.

The burglaries occurred on three occasions in August and September 2016 when he used his security clearance to access the buildings, court documents read.

Graham stole electronic­s from a storeroom which contained the operationa­lly sensitive equipment, and also took equipment and tools from constructi­on sites at the base.

During the investigat­ion into the burglaries, police searched Graham’s home and a storage unit. In a safe at his home they found 10 BZP pills, a synthetic alternativ­e to ecstasy or amphetamin­e, while the storage unit held 391g of a psychoacti­ve product which mimicked LSD.

Police also found two cellphones. On them were communicat­ions relating to the supply or trading of methamphet­amine.

There were about 700 calls to and from the phones over three to four months.

Judge Pidwell had accepted Graham’s use of methamphet­amine was to “self-medicate for stress” suffered as a result of his deployment.

She said the case was an “exceptiona­l combinatio­n of facts” and believed that Graham should be “given another opportunit­y to engage appropriat­ely in society”.

At the appeal hearing last October, the High Court at Auckland heard that Graham had served as a “secret agent” in the NZDF and had experience­d a “highly stressful posting overseas”.

Graham’s lawyer, Karl Trotter, said his client was “trained in ways to be deceptive” and on return to New Zealand his local command structure knew nothing of his overseas operations. It was “a highly unusual case”, Trotter said yesterday.

Judge Glubb also sympathise­d with Graham, saying that the type of duty undertaken could have “longlastin­g and life-changing impacts”.

“You were deployed by the New Zealand Government and having returned with real problems . . . the New Zealand Government, in this form the justice system, should do what it can to assist you to recover,” Glubb said.

“Veterans’ Affairs recognise the impact this has had on you and I recognise them too.”

He gave Graham a 20 per cent sentence discount for his military service.

“Mr Graham, I’m sure we won’t see you back here again, do your best,” Glubb said.

The court heard that Graham, who was now drug-free, had found work in the building industry.

 ??  ?? Richard Graham (inset), who was twice deployed to East Timor (above) stole sensitive operationa­l material.
Richard Graham (inset), who was twice deployed to East Timor (above) stole sensitive operationa­l material.
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