Undies skink smuggler jailed

Last updated 18:46 26/01/2010

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A German reptile collector has been jailed for 14 weeks and must pay a $5000 fine for plundering New Zealand's wild gecko and skink populations.

Hans Kurt Kubus, 58, will be deported as soon as he is released from prison.

His address is given as Bad Munstereifel, Limbach, Germany.

He was caught at Christchurch International Airport in December, about to board an overseas flight with 44 geckos and skinks in compartments in a hand-sewn package concealed in his underwear.

He pleaded guilty straight away to two charges under the Wildlife Act and five under the Trade in Endangered Species Act. He admitted trading in exploited species without a permit and hunting absolutely protected wildlife without authority.

Department of Conservation prosecutor Mike Bodie told the Christchurch District Court at Kubus' sentencing today that he could have faced potential maximum penalties of half a million dollars and six months in jail.

Mr Bodie told Judge Colin Doherty that the department sought a deterrent sentence. "This is the most serious case of its kind detected in New Zealand for a decade or more."

He said the geckos may have been worth 2000 euros each on the European market.

"Internationally, this type of trade is prevalent and is on the increase worldwide and can be lucrative," he said.

Kubus claimed to be a collector rather than a dealer but there was a large number of animals, with many pregnant females among them. This would provide more animals than necessary for a personal collection and it could be surmised that the surplus would be sold.

Customs records showed that Kubus had also been to New Zealand in 2001, 2004, 2008, and 2009. In 2008 he had been with a Swiss reptile dealer.

Defence counsel Peter Maciaszek said Kubus had an extensive collection of reptiles in terraria, and a library on the subject at his home. He had been co-operative and had immediately pleaded guilty.

He was an amateur who had come to New Zealand to build up his collection. He had limited financial means and was unable to buy animals at the prices being charged in Europe.

He said in his pre-sentence instructions that he did not realise the females were pregnant.

Judge Doherty said the bias towards adult females was unsurprising if Kubus wanted to increase his collection.

He had come to New Zealand and set about poaching the animals in a premeditated way which would have had an impact on particular colonies.

There was a potential for Kubus to end up with far more animals than he could have housed in his collection and the rest would have been sold.

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"I don't think you necessarily came here to steal to sell, but I am sure the fact that you might have had excess was figured into your thinking," said the judge.

He noted that Kubus said he had no financial means and did not have a house to sell, so he imposed fines totalling $5000 which he thought the tourist might be able to pay.

He allowed a reduction for the guilty pleas and imposed a 14-week jail term, for a case which he regarded as "pretty close to the worst case".

- NZPA

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