A bad couple of weeks for the pilot
Greenstone theft puts pilot in jail
31 May 2006
By DEBBIE JAMIESON
Two years after he was charged with the theft of West Coast greenstone, helicopter pilot Harvey Hutton yesterday began an 18-month jail sentence.
Judge John MacDonald refused Hutton bail despite a draft appeal being lodged against his convictions on two representative counts of stealing greenstone between 1997 and 2004.
He also ordered Hutton to pay $300,000 in reparation to the rightful owners of the greenstone (pounamu), Te Runanga o Ngai Tahu, and that high-quality upland stone confiscated from Hutton by police be given to the Runanga.
Runanga chief executive Tahu Potiki later said he was pleased the justice system had upheld Ngai Tahu's property rights, although he would like to have seen a different type of reparation.
"But at the moment we're satisfied we are in a position to protect the pounamu resource that belongs to Ngai Tahu."
The illegal theft of greenstone from the West Coast and subsequent investigations and criminal trials had delayed the beginnings of a Ngai Tahu-driven greenstone industry and that lost opportunity had cost an estimated 60 full-time jobs and nearly $2 million, he said.
The judge earlier told the Dunedin District Court, where the gallery was packed with Hutton's family and supporters, that it had been extremely difficult to assess the appropriate level of reparation.
The Crown contended Hutton owed more than $1m for the theft of 40 tonnes of greenstone.
Defence counsel Colin Withnall said evidence had shown only 20 tonnes had been stolen and Hutton, who still denied the theft, owed no more than $115,000 based on the evidence. However, he offered to pay $300,000.
Sentencing Hutton was difficult be-cause the case was unique and Hutton would be out of place in a prison, the judge said.
"Without wanting to overstate matters, it's quite clear in your search-and-rescue work that you have saved lives and often in heroic and trying circumstances.
"I can say unreservedly that you being in the community enhances the safety of the community. That is ironical."
The judge also heard Hutton had helped police locate a crashed helicopter that went missing in Mount Aspiring National Park in March and had contrib-uted to his community through his tourism business, Depart-ment of Conservation wildlife programmes, and even fundrais-ing at local cake stalls.
A large bundle of testi-monials given to the court included one signed by 16 Kaumatua and 34 members of the Makaawhio Runanga, the South-Westland Runanga that represents the area from where Hutton took greenstone.
The members were concerned that Hutton's inability to operate his helicopter company could adversely affect already limited employment and job opportunities in the area, it said.
However, the judge said Hutton's theft had been carefully planned with a high level of premeditation and had taken place over several years.
"I have to take the view that you were in it for the money," he said. "Because of the fact of the offending and value of the pro-perty involved I do not see that I can res-ponsibly impose any other sentence except imprisonment. Anything else would be quite inadequate in these circumstances."
Hutton was granted leave to apply for home detention in the Dunedin area.