Paul Faavaoga, 36, and Nicola Ann Nevard, 50, appeared before Judge D. Orchard in the Dunedin District Court yesterday, having pleaded guilty to dozens of charges of receiving, and separate charges of money laundering.
While the nature of their role in the crime differed, Judge Orchard handed out relatively similar sentences — two years and six months for Faavaoga and two years and 11 months for Nevard.
It is estimated that between them close to 1600 crayfish were stolen and distributed at a street value of more than $200,000 around the country, with Faavaoga using his Air New Zealand connections to effect the distribution.
Between April and September last year, Faavaoga — a member of the King Cobras gang — would place "orders" with Nevard, a staff member at Fiordland Lobster Company who worked at the Sawyers Bay packing factory.
A police summary noted the requests for the delicacy were sometimes made several times a week, usually involving 60-80 live crays.
On August 5, Faavaoga asked for 110 and even noted in a message to his associate: "our biggest order to date".
He requested the stolen crayfish be packed in wood wool and ice and he would pick them up from the insider’s home.
The pair’s scheme was eventually intercepted by the Ministry for Primary Industries.
"Neither of you showed any remorse until you got rumbled," Judge Orchard said.
At no stage was the operation at a small level and the company had "no hope of recovering" the goods, as they were perishable, Judge Orchard noted.
"The offending is far more serious than a domestic burglary.
"I think the dishonesty and fraudulent nature of the operation from the outset was undeniable."
Judge Orchard read to the court Nevard’s employment history with Fiordland Lobster Company to reinforce that Nevard was clearly a "competent" and "trusted" worker, which made the breach of trust even more significant.
"Your employer had always treated you well. You betrayed them."
While she remained "sceptical" about the lack of gang involvement in the operation, she could not say there was a gang connection.
"It’s premeditated offending. It’s organised to quite a large extent.
"You’ve got a system in place for shipping the crayfish, and you’ve got, as I’ve already said, a distribution network at various points in the country.
"In addition to that, of course, and most significantly, is the amount involved. As far as you’re concerned, it was nearly $200,000 worth of fish that was stolen over only a five-month period."
Judge Orchard said Nevard and Faavaoga operated "hand in glove".
While some crayfish were not distributed by Faavaoga, the judge was convinced that nearly all of them had some connection to him.
The money laundering from both parties was "unsophisticated but significant", Judge Orchard said.
During the course of the offending, the proceeds of the crimes went towards the mortgage on Faavaoga’s gang pad, and Nevard distributed money into separate accounts to pay her mortgage.
"It’s not one of those cases where there’s a sophisticated money-laundering scheme to disguise offending, or disguise the source of funds.
"I think it’s simply just that you two chose to put some of it in bank accounts so you could pay in particular, perhaps, a mortgage."
Nevard was also convicted for possession of a class B drug — Ritalin — which had since been destroyed.
Both had starting points for their sentences of about four years and received discounts for guilty pleas and health and family issues.
For Faavaoga, he received credit for pleading guilty at almost the earliest opportunity and his good employment record as an adult.
