Man on kidnap charge for tackling thieves

Photo / Getty Images

A business owner is vowing to fight charges of assault and kidnapping for tackling two people who allegedly stole from his business.

Clemence Drilling owner Dave Clemence - whose business yard in Kaiapoi, north of Christchurch, has been repeatedly targeted by thieves - was charged after an incident on April 8 when he and his workers caught and held down two men believed to have stolen diesel from the firm.

Mr Clemence was reluctant to comment with his case before the courts, but his partner Nicky Clifton told the Herald she was proud of him and found the charges hard to fathom.

"Dave took [the alleged thieves] to the police station," Ms Clifton said.

"If you are walking down the road and saw some thugs stealing off an elderly woman, it's 'should I help or shouldn't I?' Your natural instinct is to help, but then you might find yourself in Dave's situation."

Mr Clemence earlier told the Northern Outlook newspaper his workers had held the men down while he called 111 and chased one of them down after he broke free.

He was later asked to make a statement to police and the charges were laid.

"It's unbelievable. Kidnapping? We dropped them off to the police."

Mr Clemence plans to plead not guilty to the charges, which he is due to face in court next week.

Detective Sergeant Rex Barnett told the Northern Outlook injuries to the two men - who are now facing burglary charges - were "consistent with the claims of assault".

He told the Herald yesterday police felt they had sufficient evidence to charge Mr Clemence. Members of the public offering opinions on the case were doing so without all of the facts, Mr Barnett said.

A petition has been set up against the charges facing Mr Clemence, and people have been calling and sending messages of support for him from around the country.

The case follows others in recent years where business operators were charged after confronting armed invaders.

In 2008, Otara liquor-store owner Virender Singh was charged with injuring with intent to injure after he defended himself with a hockey stick against five drunken teenagers, one of whom had stabbed him in the thigh.

A justice of the peace dismissed the charges.

In 2006, Greg Carvell shot machete-wielding Ricky Beckham, 29, in the stomach with a handgun at his father's Penrose gunshop. Police charged him with possession of a pistol for unlawful purposes, but in June 2007 the charges were dismissed.

Garth McVicar, of the Sensible Sentencing Trust, said the average New Zealander would be appalled to see Mr Clemence charged "because we think the law is there to defend us, not the criminals".

"We have to have the right to defend our property. [The charges laid] are an indication of how PC we have become as a nation."

Mr McVicar said the trust had long advocated a new law that recognised people's rights to defend their home, property and loved ones.

JUSTIFYING A CITIZEN'S ARREST

There is no legal provision to make a citizen's arrest but there may be justification or protection from criminal responsibility.

Section 35 of the Crimes Act says everyone is justified in arresting without a warrant any person they find committing any offence for which the maximum punishment is not less than three years' imprisonment and any person they find committing any offence by night. Under the act, night is between 9pm and 6am.

The act covers most serious crimes such as burglary, robbery and home invasion but it does not cover minor offences such as disorderly behaviour or trespassing.