An Otago student is facing a $300 fine for what he claims was an accidental theft of a 90c packet of sauce from Night ‘n Day. They offered to pay for the sauce, claiming it was an honest mistake, and have complained of an abuse of power. Even the cops seemed to think the matter was overblown.
It was your typical Friday night when Flynn and his mate Milan went to the Night ‘n Day on Regent Street for a quick bite to eat. The pair bought and paid for $21.90 worth of food, before Flynn grabbed what he thought was an unpriced packet of sauce by the napkins. Thinking it was free, Flynn and Milan headed for the door. But just as they were leaving, an undercover security guard stopped Flynn and asked: “Is there anything you haven’t paid for?” Flynn realised his mistake instantly: “Oh the sauce, do I have to pay for the sauce?” he asked. The security guard answered “Yes, yes you do.” This is when sauce hit the fan.
At this point, Flynn thought it was just a simple misunderstanding: he insisted that he would’ve happily paid up for the 90c sauce sachet, and offered to do so at the time. But this wasn’t enough for Night ‘n Day, who have a “blanket fine policy” for anyone caught shoplifting. Matt Lane, the manager at Night ‘n Day Regent Street, told Critic Te Arohi that the incident was “identified as deliberate”. Matt said that “I wasn’t there when it happened but often people offer to pay for something they try to steal when they’re caught.”
When Flynn was caught, he was promptly escorted out back by a security guard who proceeded to write down his details and photograph him, saying “It’s all part of procedure.” The security guard told Flynn he’d be getting a $300.90 fine (sauce sachet included) and a trespass notice. Also, the police were on their way. All over a misunderstanding involving a 90c packet of sauce. Matt, the manger, was insistent that the fine was valid, saying that: “We don’t consider the value of the item [when fining someone for theft].”
Flynn told Critic Te Arohi that the cops who arrived were “taken aback” by the situation. He said that one told him she didn’t think the fine was “warranted under the circumstances,” adding that she would vouch that it was just a “misunderstanding”. This wasn’t enough to sway the Night ‘n Day staff, though, who insisted on the fine because it was “just procedure”. The officers said they’d be contesting the fine this week, and if they fail to do so, Flynn has said he’d consider taking the matter to court. Meanwhile, unless his trespass notice is overturned, Flynn is banned from Night ‘n Day Regent Street for two years. If he sets foot in there again, he faces a $1,000 fine or up to three months in prison.
For Flynn, the whole experience left him “shaken up”. He said that “It's a horrible feeling having people stand above you and call you a thief, especially over a simple misunderstanding … they talked about me as if I were some major criminal for mistakenly thinking a sauce was free; [it] was disgusting and a frightening abuse of power on their behalf.”
“We don’t want to have to fine people or call the police but we need to prevent theft, which is pretty common amongst students,” said Matt. “We have caught nine students stealing within a seven day period, [everything] from pies to eggs to sauce.”
Flynn told us that during the ordeal, “The police officer even said something along the lines of ‘Do you seriously think he tried to steal a sauce?’ and the security officer scowled [and asked the cop] ‘So what, you're calling me a liar now?’ The security lady exaggerated things further by saying I tried to ‘conceal’ the sauce, when in reality I had a milkshake in one hand and was on and off my phone in the other while waiting for some fries.”
“I am very angry at what happened, and the fact that they think they can just throw an absurd fine at me because I won't retaliate as I'm only a student … I just want people, especially students, to hear about this.”
The Police declined to comment on this case.