Council adviser admits cattle theft

Weber farmer and Hawke's Bay Regional Council land management adviser, Ian Francis Milner, has admitted three charges of cattle theft.
Milner, 43, had originally pleaded not guilty to the charges and the matter was set down for a defended hearing.
A hearing date in March was not enough time for all of the evidence to be heard and the case was back in Dannevirke District Court earlier this week.
Milner, who owns Castlecliff Farm in Weber, 40km east of Dannevirke, admitted selling the 57 cattle at the saleyards and to the meatworks for a total of $41,866.58.
His defence was that one of the owners of Alpha Tahi Cattle Farm Enterprises told him he could have the cattle as they had made an error with the scanning.
However, a serious oversight during cross-examination of witnesses led to Milner changing his plea.
Judge Alistair Garland warned Milner's lawyer Catherine Clarkson in March that Milner had admitted to taking the stock and, as the terms of the contract stated clearly all stock remained the property of Alpha Tahi, he did not believe Milner had a defence.
"If he has disposed of these cows he has to prove he did it lawfully under the contract," Judge Garland said. "I believe this is a contractual issue."
In 2007, Milner entered into a share-farming agreement with Alpha Tahi Cattle Farm Enterprises. The agreement allowed the directors of Alpha Tahi to purchase cattle, which they then placed on Milner's property.
The terms of the contract stated once the animals became pregnant, they were to be scanned and, prior to calving, sent to be slaughtered and blood harvested from the calf foetuses for research purposes.
Miss Clarkson said Alpha Tahi was effectively getting grazing for free, as it had not paid Milner any money for the cattle.
Judge Garland said if Milner was given the cattle, the case was a civil matter, "but clearly, if he sold the cattle which did not belong to him, then it is theft".
Milner told police he did not think it was a criminal matter.
"It is a contractual dispute," Milner said. "It has nothing to do with you [police] guys."
Judge Garland called both sides into his chambers and, following discussions, Miss Clarkson said Milner would be pleading guilty and she would seek a discharge without conviction.
The Alpha Tahi directors indicated they would be filing civil proceedings and Judge Garland told Milner he would need to deposit $41,866 into a court holding account pending the outcome of any civil proceedings.
Milner was remanded at large and will appear in the Palmerston North District Court on August 11 for sentencing.