Victory in plumber's battle for justice

A NEAR four-year struggle for justice for Mike Bates has come to an end.
One of his former employees, Denise Maree Smith, 38, of Wanganui, was sentenced in the Wanganui District Court yesterday on two representative charges, involving 34 separate transactions, of theft as a servant, totalling $7326.14 for a two-month period some time between September 2002 and June 2003.
Smith, a mother of two, was found guilty of the two charges after a six-day jury trial last month.
She was acquitted of three other representative charges.
Yesterday, Judge John Clapham sentenced Smith to 200 hours' community work.
Mr Bates, who was supported in court by his father and two employees, Michelle Pickard and Colin Tyson-Tahana, said although it was good to see a conviction he felt a prison sentence was more appropriate.
"I'm a really easy-going boss and believe that I really look after my people," he said outside the court. "So I guess that's why we've pushed it through this far. If anyone does something like this, they've got to be made accountable."
Wanganui Chamber of Commerce president Warren Ruscoe completely agreed.
"You don't have any other choice. If you don't do it they'll go on to the next employer and steal from them." Once somebody gets away with stealing from an employer they reached the point of no return, Mr Ruscoe said.
"The scary part about it is you don't really know how much they stole. You really trust your staff, so from then on you start thinking, 'Do I trust my staff?' and it's always the last person you expect? I just think people are not being made accountable enough any more."
Mr Bates said that although the court case had been costly and time-consuming for himself and wife Raewyn, he urged other businesses, big or small, to hang in there.
His advice is to get proof ? photographic ? if you can.
"They need absolute proof, and photographic. The more proof the better. You talk to employers about this, and so many have had this done, but they haven't taken it through the court system." During the sentencing, Crown prosecutor Harry Mallalieu said Smith had shown no remorse for her offending.
"It would have been easier to let it go away but they continued with this matter to ensure that Smith was brought to account for the thefts that occurred which was an abuse of trust."
Counsel Mark Bullock said it was true Smith maintained her innocence, but she accepted her convictions.
Smith was now studying to be a counsellor, had been assessed as a low-risk reoffender and was repaying the money $50 per fortnight.
Judge Clapham said a major factor was the stress placed on the workplace when it was found thefts were occurring. "Subsequently, the suspicion falls on everybody until it's resolved. That's a major here."
Mr Bates was thankful to all 33 of his staff, who had been extremely supportive throughout the ordeal.
Mr Tyson-Tahana, who has been with the firm all but one of its 27 years of operation, said the impact on Mr Bates' business had been huge.
"Moreso especially the fact that at that stage (of the offending) things were going really well and Mike was willing to show his appreciation to staff, and then this happens."
Smith was also ordered to pay reparation of $7326.14 and emotional harm reparation of $2000.