Gallery's owner named as thief

Peter John Rae

Dunedin art gallery owner Peter John Rae can now be identified as the man convicted of stealing the $18,000 Ralph Hotere drawing Black Window.

Rae had pleaded not guilty to stealing the framed drawing between April 18, 2001, and April 14 last year. A long-running court case resulted in his conviction last month.

The 55-year-old had interim name suppression but at sentencing in the Dunedin District Court on September 20, Judge Gary MacAskill refused final suppression. Rae appealed and interim suppression remained pending a High Court hearing. But last week the appeal was abandoned.

The Black Window was entrusted to Rae when the owner allowed him to take it from her home for glass repair in April 2001.

The owner occasionally visited Rae between then and April last year. When she asked where the drawing was, Rae offered various excuses.

Police first contacted Rae in April last year. A framed Hotere drawing, Window in Spain, was subsequently provided to police in May.

In a phone call in June, Rae asked if the matter could be sorted out. He had messed up badly and had not been honest, he said. He had got the drawing back from a named person and was sure it was the one he was given for repair.

Expert evidence led the judge to value the drawing "at or about $18,000".

Judge MacAskill found that the prosecution had proved beyond reasonable doubt Rae disposed of Black Window while it was in his custody for repair. It was plain Rae had intended to deprive the owner of it permanently, he said.

At sentencing, where Rae was fined $2500 and ordered to pay $18,000 reparation, the judge noted that Rae agreed he must make reparation.

But he said the drawing's owner had clearly suffered considerable emotional stress from Rae's abuse of her trust.

Rae was entitled to credit for trying to return the drawing once police became involved. He appeared to have recovered a drawing from the person to whom he disposed of Black Window and endeavoured to return that in its place, the judge said.

On the issue of name suppression, Judge MacAskill said he appreciated that probably loomed larger in Rae's mind than other sentencing outcomes.

Rae was asking for suppression because of the likely impact on his business and his concern, not only for himself, but about how he would be able to pay reparations, and for his two employees whose livelihoods might be affected.

The judge said publication of Rae's name would enable people to decide whether they should continue to deal with him. But that was not to suggest Rae should now be seen as untrustworthy.

- OTAGO DAILY TIMES