‘Can’t take the law into our own hands’: Magistrate

Man had “feelings of compassion for the cat... but we can’t take the law into our own hands.”

Appearing via audio visual link at Grafton Local Court on Monday, Damion Bofinger, 40, was convicted of breaking and entering a home in Grafton in January 2021.

A vigilante investigation into a stolen kitten has landed a Woolgoolga man in jail.

Appearing via audio visual link at Grafton Local Court on Monday, Damion Bofinger, 40, was convicted of breaking and entering a home in Grafton in January 2021.

According to Local Court documents, Bofinger’s kitten was stolen from his residence on January 25, 2021 following a gathering of friends and acquaintances at the property.

Two days later, a video emerged on social media of a kitten being held down while marijuana smoke was being blown into its face. Bofinger immediately recognised the kitten as his and identified the person in the video, according to court documents.

After contacting the person identified in the video, Bofinger was told that they no longer had the kitten and provided him with an address to collect it.

According to court documents Bofinger drove to the Grafton address, opened the closed but unlocked front door and entered the premises. Unable to locate the kitten inside, Bofinger proceeded to steal a television and mobile phone.

While this was occurring, the owners of the property returned home and confronted Bofinger who demanded the return of his kitten. Police were contacted and arrived a short time later where Bofinger was cautioned and placed under arrest in regard to the break and enter offence.

Bofinger explained to police that he believed the occupants of the property had his kitten and that he was stealing the television and phone as collateral until his cat was returned. Bofinger was conveyed to Grafton Police Station and the television and phone returned to the victims.

As for the kitten, the owners of the Grafton property came into possession of the animal after rescuing it from the person committing acts of cruelty, according to court documents. Not knowing who the owners were, they took the kitten to a rescue centre where it received medical treatment before reporting the matter to police.

During sentencing on Monday, Magistrate Michael Dakin acknowledged that Bofinger had “feelings of compassion for the cat... and his behaviour was understandable, but we can’t take the law into our own hands.”

Bofinger’s defence added that he was “truly embarrassed and remorseful about the situation” and that a recent family tragedy had also occurred around the time of the incident.

Bofinger was convicted of the charge and imprisoned in March, 2021, but was released this month with time served.