I AM profoundly uneasy with the jail term handed down to Kelly van Gaalen for marijuana possession.
You may recall the headlines of this Northland woman, somewhat of a pillar in her Kaikohe community, who suffered a home invasion which involved her husband being beaten up. During the police investigation, they discovered more than half a kilo of marijuana. She owned up to smoking it and supplying it to her friends - as it happened she had a plant that grew especially well in the Far North climate, but she and her husband pleaded not guilty to charges of cultivating cannabis for supply.
I do not blame the police for bringing charges. Crime has to be processed, and it is the police force's job to investigate, bring charges and present the matter to the courts. Weighing up all factors is a judge, and in this case a jury, who can take the human element into account.
Van Gaalen comes from the community I grew up in, where many of the "pillars" of the community indulged. Friends of my family in the Hokianga "cultivated" using pot plants tied high up in trees.
I don't know why her house was invaded, but that can happen if it becomes known you are a source of drugs. People who bust into your house don't reason that you might only be a minor player, or a recreational user with friends.
What upsets me is this recipient of Northland's Local Hero Medal and former community board member should immediately receive a jail term of two years. That is the judge's decision. It is far too extreme a sentence for someone with multiple character references and a long history of serving the community, a community that does "indulge".
That's the kind of sentence a hardened criminal ends up getting. At my local court we have judges doing their best to keep people out of jail, even repeat offenders, and it can amaze me what people get away with. The van Gaalen sentence is definitely out of balance.