Court's decision a 'farce'

Carol and Steve Holland have slammed an Australian court's decision to clear Paul Bennett on a charge of stealing their yacht Harlech, which is in the picture they are holding. Photo / John Stone

A Whangarei couple has labelled as "farce" an Australian court's decision to clear a fugitive of stealing their yacht from Opua and taking it to Sydney.

The Central Local Court in Sydney found Paul Bennett not guilty of stealing the $145,000 yacht Harlech while his long-time partner Simone Wright, who was also found on board the yacht, was released without court charge.

Harlech's owners Steve and Carol Holland discovered her missing on Waitangi Day when they travelled to Opua for a quiet weekend sailing. Felix Fielding, 19, a student from Auckland on a working holiday in Sydney, later spotted the yacht from a friend's balcony in Avoca Beach, Sydney and alerted police after details of the theft went global via the internet. Armed officers trailed the yacht before boarding it at Cowan Creek, north of Sydney, and detaining Bennett and Wright.

The Harlech was towed to Broken Bay with a broken forestay and damaged sails. In court last month, police admitted they were looking for a ketch, not a yacht, and that officers did not see the word "Harlech" written anywhere on the intercepted vessel Bennett and Wright were found in.

But Mr Holland said there was no grey area as far as the identity of the yacht was concerned and he was disappointed the case was dismissed on a "technicality'.

"If he didn't steal it, what was he doing on board? Both were taken off the yacht as a result of intervention by a young Kiwi and for the police to say they were looking for a ketch is nonsense," he said.

"I built half that yacht so I know the thing from a mile away. The point is a yacht is a cutter which can have one or two masts. My yacht is described as a 45-foot cutter."

Mr Holland questioned why he was not called to give evidence in court if there were issues with the yacht's identity. Months ago when Bennett first appeared in court, he said he was informed he would not be called in court as the defence had questions to police only.

"To me, it's a total farce. Miscarriage of justice doesn't even come into it," he said.

He sold the Harlech in Australia after it was found in Sydney with Bennett and Wright on board and his insurance company paid the difference. Bennett and Wright also face serious allegations in relation to other matters and were once among New Zealand's most wanted.

Those allegations include a $250,000 fraud involving Canterbury helicopter company HeliPower and a sex attack on a teenage girl in Auckland in 2008.

Bennett is scheduled for trial in Australia in April on several fraud charges dating back to 2003. If convicted it might be several years before he is extradited.