Supporters call for Van Gaalen release

The jailing of a Kaikohe community leader on a cannabis charge has sparked a petition calling for her release, a Givealittle page raising money for her legal expenses, and even a song.

Kelly van Gaalen, a 38-year-old mother of three, was sentenced last month to two years' prison after a jury found her guilty of possession of cannabis for supply.

Police responding to a home invasion, in which van Gaalen's husband was assaulted by three armed men before he managed to escape, found a bucket and a resealable bag containing 684g of dried cannabis.

Van Gaalen maintained the drug was for her own use and to give to friends, and that she had so much because a plant had grown "exceptionally well".

The usual limit for personal use is 28g. Anyone found with more than 28g may be charged with possession of cannabis for supply.

Van Gaalen is currently in a women's prison in Wiri, South Auckland.

Her family appealed the sentence in the High Court at Whangarei on August 3. An application for bail while the appeal was considered was declined.

In the meantime, her jailing has sparked calls for her release and reform of New Zealand's cannabis laws.

The Facebook group 'Free Kelly van Gaalen' had more than 900 members yesterday while a Givealittle page had raised $4000 to help pay her legal costs.

A petition started by the Cannabis Party on Change.org, calling on Parliament to free van Gaalen and reduce sentences for cannabis offences, had collected more than 1000 signatures, while a Kaikohe hiphop band is recording a song called #FreeKelly.

Northland's candidate for the Aotearoa Legalise Cannabis Party, Maki Herbert, of Mangamuka, said it appeared the court had wanted to make an example of van Gaalen by sending her to jail.

Herbert pleaded guilty last month to cultivation and possession for supply of 153 cannabis plants. She was sentenced to 12 months' home detention with six months post-sentence conditions.

"There's no consistency in sentencing. It all depends on the judge on the day. We're really quite distressed for Kelly. I know personally how close I came to jail. It's the worst thing that can happen, especially if, like Kelly, you have children," she said.

Van Gaalen's sentence has also attracted the attention of commentators around the country. Writing in the NZ Herald, TV and radio presenter Jack Tame called it a "sad case of unnatural justice" and the outcome as "lunacy".

Wairarapa Times-Age editor Andrew Bonallack, who grew up in Northland, said it was "far too extreme a sentence for someone with multiple character references and a long history of serving the community, a community that does 'indulge'."

Bloggers Martyn Bradbury, writing on the Daily Blog, called the sentence "a terrible miscarriage of justice" while Russell Brown, on Public Address, described a case where a Westport man convicted of cultivating cannabis and possession for supply, in greater quantities than van Gaalen, was sentenced only to home detention.

Judge John McDonald said van Gaalen's sentencing had troubled him but he had to be consistent with sentences imposed on others for similar offences. He discounted her jail term by six months for her "extremely worthwhile contribution" to the community.

Thirty-two people submitted character references and Kaikohe Business Association chairman Steve Sangster told the court about her beautification of the town, work which had now ground to a halt.

Van Gaalen was a member of the Kaikohe-Hokianga Community Board, chair of the Kaikohe Community Arts Council, and the business association's town promotions manager. She was awarded a Local Hero medal in last year's New Zealander of the Year awards.

Her family is not commenting while the appeal is under way.