Samson Mkhitaryan, an ex-Diavik Diamond Mines Inc. employee behind the biggest theft the territory has ever seen, was sentenced to 18 months in jail Wednesday, avoiding a prison term proposed by prosecutors.
SA国际影视传媒淧eople do things under situations of great stress they don't do otherwise,SA国际影视传媒 said a sympathetic NWT Supreme Court Justice Andrew Mahar, addressing Mkhitaryan in front of a packed Yellowknife courtroom.
Mkhitaryan, who worked as a sorter at a Diavik product splitting facility located near the Yellowknife airport, pocketed 29 uncut stones while on the job on seven different occasions SA国际影视传媒 three times in December 2017; twice in January 2017; and twice in February of last year.
At any given time, he was responsible for $17 million SA国际影视传媒 200,000 carats SA国际影视传媒 worth of rough diamonds.
Mkhitaryan confessed to the thefts even before his arrest in February 2018, and officers were able to recover each of the 29 uncut stones after the offender drew them a map of where he'd hidden the pricey product SA国际影视传媒揵etween two pipes, stashed in a single plastic bag, in a boiler room in Mkhitaryan's garage.
Mkhitaryan and his wife came to Yellowknife from Armenia some 16 years ago.
Mkhitaryan's lawyer, Peter Harte, told the court during a hearing late last month, his client was motivated to steal the stones after being left stressed and financially strained.
Mkhitaryan's mother, said Harte, was battling cancer with no health care in Armenia. That, he said, pushed Mkhitaryan to feel SA国际影视传媒渕orally obligatedSA国际影视传媒 to send funds he didn't have back home.
'Out of character'
Mahar reserved his decision in January SA国际影视传媒 calling the case one of the most unusual he's ever seen SA国际影视传媒 to weigh the SA国际影视传媒渆xtremely serious offenceSA国际影视传媒 with the SA国际影视传媒渆xtremely sympathetic circumstancesSA国际影视传媒 of Mkhitaryan.
On Wednesday, in accepting Harte's 18-month recommendation, Mahar said Mkhitaryan was SA国际影视传媒渦nder great financial strain,SA国际影视传媒 when he acted SA国际影视传媒渃ompletely out of character.SA国际影视传媒
The Crown called for a sentence of two to two-and-a-half years.
Mkhitaryan had a spotless criminal record prior to his theft conviction, and Mahar received a SA国际影视传媒渓arge volume of support letters,SA国际影视传媒 including some from Mkhitaryan's current employers. He now works three jobs.
Mahar stressed that Mkhitaryan's confession and full co-operation with warranted leniency. But he said a jail term is needed to deter others from giving into temptation as Mkhitaryan did.
Outlining the reasons for his decision, Mahar said greater thefts typically trigger greater penalties.
SA国际影视传媒淏ut what does that really mean?,SA国际影视传媒 he asked. To focus solely on the dollar amount of what was stolen -- and recovered -- would be a SA国际影视传媒済ross simplification,SA国际影视传媒 said Mahar.
Context, he said, is the crux of the case.
He noted the difference between stealing $20,000 from a struggling small business and pocketing $400,000 worth of diamonds from a multi-billion dollar corporation.
SA国际影视传媒淚'm not saying it's not serious, but we have to look past the brute figure of $400,000,SA国际影视传媒 said Mahar.
SA国际影视传媒淲e, as a society, have arbitrarily decided that a handful of shiny stones is worth a house,SA国际影视传媒 he added.
Mahar reminded the court that aside from added stress to employees, SA国际影视传媒渢here was no harm causedSA国际影视传媒 to Diavik Diamond Mines Inc., as the product was recovered in full.
'Caved to temptation'
Mahar, who acknowledged the need to protect NWT's integral mining industry, added that in the diamond mining business, miners have long recognized the temptation in their product, and the industry has responded with strong security measures.
"(Mkhitaryan) caved to that temptation,SA国际影视传媒 under financial pressure, said Mahar.
Mkhitaryan, noted Mahar, has indicated SA国际影视传媒済reat remorse.SA国际影视传媒
He felt so ashamed SA国际影视传媒 often not being able to look his family in the eye SA国际影视传媒 that his wife worried about him, fearing he would harm himself.
Mahar did not impose probation on Mkhitaryan following his release, but he must submit a sample of his DNA given the theft's high value. Mahar will be making a recommendation for Mkhitaryan's early release, as well.
Mkhitaryan, backed by over a dozen relatives and supporters, shook hands with his lawyer and hugged his teary-eyed wife before being taken into police custody.
Friends and family told reporters outside the courthouse the SA国际影视传媒渏udge and sentence was fair.SA国际影视传媒
The reality of Mkhitaryan being separated from his family, however, upset many of the supporters, some of whom wiped away tears.