Debt collector jailed over threat

Last updated 15:10 17/12/2009

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A former gang member was today sentenced to 10 months' prison for threatening a businessman and his daughter while acting as a debt collector trying to recover $50,000.

Peter William Cleven, 47, had previously pleaded guilty in the High Court at Auckland to criminal harassment of businessman Stephen Beston and daughter Danielle, who was an innocent party.

During sentencing, Cleven, a former Head Hunter gang member who is now a self-employed furniture maker, told Justice Graham Lang he regretted the mistake he made.

He said it was "ridiculous" that something that had taken "only two minutes of my time" had landed him in his predicament.

While the defence sought a term of home detention, Justice Lang said the gravity of Cleven's offending required a prison sentence.

The judge said any right thinking person would take the view that threatening someone and his family implicitly with violence was completely unacceptable even if Cleven believed that a debt was morally owed.

According to the summary of facts, Mr Beston owned a car importing company, which used an agent, Chris Jellie, to source and import vehicles in Japan.

In May 2006, while a shipment was on its way from Japan, Mr Beston put the company into voluntary liquidation.

Mr Beston was not legally liable for any of the company's unpaid debts and Mr Jellie was left to meet the cost of the shipment.

In May 2007, Mr Jellie engaged a debt collecting firm owned by Andrew Sisson, a Hells Angels member, who in turn paid Cleven $5000 to help him.

Cleven visited Mr Beston at his home where he showed him some photographs, the nature of which was later disputed, with Mr Beston saying they showed dead and mutilated dogs and goats, while Cleven said the animals were live.

Five days afterwards, Cleven went to the home of Mr Beston's daughter, leaving a note in her letterbox.

The note read: "Tell your Dad not to be an old goat. It's not a dog's life. It's not about bondage. It's about discipline for business and family integrity." It was signed "Mr $480,000".

Justice Lang said the victim impact reports showed that Cleven's actions had a devastating effect on the Beston family.

Cleven, who has numerous previous convictions but who defence counsel Ron Mansfield said had moved on significantly from his previous lifestyle, was originally charged with blackmail.

At his trial, the jury could not reach a verdict, while charges against Sisson ended up being dropped because of lack of evidence.

Cleven admitted criminal harassment when the indictment was amended and his sentence took into account his early guilty plea.

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- NZPA

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