Michael Gardner, 44, sentenced in Tweed Heads Local Court after stealing plaques from cemetery
A thief who stole more than 100 memorial plaques from a cemetery on the Qld-NSW border has been sentenced to prison, with a furious magistrate condemning his actions as “despicable”.
Tweed Heads
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A man who raided a cemetery on the Qld-NSW border and stole more than 100 memorial plaques has been jailed, with a furious magistrate condemning his actions as “despicable”.
Michael Gardner, 44, faced Tweed Heads Local Court on Monday. He pleaded guilty to wilfully damaging or defacing a protected place, larceny and malicious damage, as well as possessing a prohibited drug.
On August 20, Tweed/Byron Police launched a probe into the theft of the plaques at Tweed Heads Lawn and General Cemetery on Kirkwood Rd.
Gardner was arrested by police at Murwillumbah on August 30 and taken to Tweed Heads Police Station, where he was later charged.
Tweed Shire Council and police believe Gardner intended to sell the plaques to scrap metal recyclers for a measly profit.
The theft outraged the community and the council deemed the theft “appalling”.
A council spokesman said plaques were found piled up and hidden behind barriers on the outer perimeter of the cemetery grounds, but many were damaged.
Shortly after the offending, the council said it would cost more than $30,000 to repair damage.
But no compensation was granted during Gardner’s hearing in the court.
Gardner’s duty lawyer Amanda Fawaz spoke as he watched over videolink from Mid-North Coast Correctional Centre at Kempsey.
Ms Fawaz acknowledged families impacted by the theft were “deeply distressed”.
She said Gardner was “ashamed and embarrassed by the pain he had caused”. Gardner entered early pleas of guilty.
Ms Fawaz told the court Gardner had “problems” with drug use and a “significant need for drug rehabilitation”.
“He is genuinely remorseful for committing these offences,” she said.
Police prosecutor Tim Monaghan said the offending was “abhorrent” and 102 victims – and their family and friends – had been impacted by the plaque theft.
“The emotional impact it has had on each and every family has been substantial,” he said.
“The gravestones were damaged by the use of a crowbar. While the plaques were returned, they were unable to be reused.
“Every single plaque had to be remade at a cost of $30,000.
“The offence is further aggravated by the fact it was premeditated. Gardner had the tools on his person and the way he did it was quite sophisticated.”
Sgt Monaghan said Gardner previously stole copper wire from farmers to sell.
He told the court Gardner was tracked down thanks to DNA left at the scene.
Gardner’s DNA was found on a crowbar and a screwdriver near the stolen plaques. An ice pipe was also found on Gardner during his arrest, the court heard.
Magistrate Annette Sinclair acknowledged Gardner’s desire to abstain from drug use, which could mitigate further offending, but believed he “lacked the conviction to do so”.
“It is by any measure, quite a despicable offence,” she said.
Gardner was sentenced to 16 months in prison (backdated to August 30), with a non-parole period of nine months.
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