Journal Number 90
March 2004
CZECHMATE!
Plant Bust Reveals Orchid Obsession
Novel NZ Arrests Put Czechs At Heart Of Smuggling Case
By Kevin Livingston and reprinted from The Prague Post,
the Czech Republic's English-language weekly newspaper, 5 February 2004
Victorian-era Europeans' obsession with rare orchids - which led some aficionados to hunt,
steal and even kill in their quest for unique specimens - came to be called orchidelirium.
Cestmir Cihalik, an Olomouc cardiologist arrested last month in New Zealand for allegedly
attempting to smuggle orchids, says his situation has nothing to do with orchidelirium.
He calls it a misunderstanding.
Cihalik, 54, and Jindrich Smitak, 60, were arrested Jan. 18 by New Zealand wildlife enforcement authorities who videotaped the men picking the plants from a national park. In the first case of its kind in that country, Cihalik was found in possession of 110 orchids and Smitak 15.
Both men are accused of attempting to smuggle the orchids out of the country and face a maximum penalty of three years in jail and a 50,000 New Zealand dollar (900,000 Kc/$33,500) fine. Smitak also faces three separate counts of removing plants from other locations, offenses that could each carry a penalty of three months in jail and a 2,500 New Zealand dollar fine.
The two orchid enthusiasts posted bail and will enter pleas in court Thursday, Feb. 5.
Whether the men will be found guilty remains to be seen. Their case, however, has already
sparked renewed global interest in the illegal trade of exotic orchids, a subject that has
mesmerized orchid addicts for centuries and that was made famous in Susan Orlean's
1998 best seller The Orchid Thief.
The case has also put the Czech Republic center stage in what experts describe as a
multimillion-dollar black market that has been growing in recent years. The case has also
served to further the reputation of Czechs as smugglers, according to local officials and
horticulturists.
"It's not surprising that Czechs were arrested for smuggling the plants because we are
known around the world as rare-species smugglers," said Romana Rybkova, curator of
the tropical collection at the Prague Botanical Garden. "A lot of people are involved in it,"
she added.
In recent years, some of that trade has made its way to the Czech Republic, where according
to customs officials four people have been arrested since 2001 attempting to bring illegal
flora through the airport. Customs officials have also nabbed several smugglers bringing
exotic animals and reptiles into the country, with the most recent arrest occurring Jan. 21.
Many of the most sought-after plants in the world come from New Zealand, where authorities say there is a growing interest from thieves for its unique orchid species, some of which can fetch as much as $25,000 per plant. Officials there are calling for increased awareness in regards to strangers asking about orchids.
Called misunderstanding
Since their arrests, both Cihalik and Smitak have insisted they are innocent, and friends back
home have rallied to the defense of the men. Supporters say Cihalik, the dean of the medical
school at Palacky University in Olomouc, and Smitak, the chairman of the Brno-based Society
of Tropical Orchid Growers, are recognized plant authorities and would not participate in the
illegal flower trade.
The Orchid Club Brno issued a statement calling the allegations against the men absurd.
"We are expressing our conviction that the detention of Smitak and Cihalik and the accusation
of smuggling plants is a misunderstanding," the statement read.
Colleen Newton, the New Zealand attorney representing the two men, did not respond to
questions via e-mail, but in an interview with Lidove noviny, Cihalik did not deny being in
possession of the plants in question. He also said New Zealand authorities had been tipped off
to his arrival and had been watching him and Smitak. Cihalik said he had 15 species of orchids
at the time of his arrest for which he admitted he should have had export permits but did not.
"We tried to contact the New Zealand authorities to inquire about nature protection but we did
not," Cihalik said. Smitak added the two did not know for certain which plants were protected.
Cihalik's wife said she did not want to comment on her husband's situation before the court hearing. "The final decision will be made on Thursday when court is in session," said Jarmila
Cihalikova. "Before that I will not comment on anything."
Picking orchids illegal
Both men said they did not believe they were picking endangered plants, but national laws
and international treaties make the picking of almost any orchid illegal.
The most encompassing law comes from the 1973 Convention on International Trade in
Endangered Species of Wild Flora and Fauna (CITES) Treaty, which was signed by more than
120 countries. The treaty stipulates that any species of plant or animal that is endangered
cannot be commercially traded. There are roughly 30,000 species of orchids worldwide and
another 60,000 or so hybrids. There are around 50 kinds of orchids in the Czech Republic
alone.
"It is an offense to remove or even pick an orchid," said George Barnes of The North of England Orchid Society, the oldest orchid club in the world.
"Some orchids are rarer than others, and large fines and even jail sentences can be incurred for a breach of the act," he said. "Nonetheless, there are those who will try, and rare orchids can be worth many thousands of pounds."
Rybkova, from the Prague Botanical Garden, said she has witnessed firsthand the attempts made to smuggle rare plants into the country. "The Prague Botanical Garden worked as a rescue station for plants discovered by the police at the airport, so we know how big [smuggling] is," she said.
Those caught with illegal orchids here can face a fine of 100,000 Kc for a first offense and up
to three years in prison for anyone attempting to sell 50 or more pieces. Still, no one knows
for sure how many plants go undetected. "Nobody knows how big the illegal orchid market is.
I can only hope that it is smaller than the legal one," Rybkova said.
Editors Footnote:
It is interesting to read how these events have been interpreted in the Czech Republic.
An email correspondent wrote to NZNOG, "Our newspapers are developing a campaign in which they are speaking about 'green hystery in New Zealand', 'collection of a few common orchids' 'New Zealand catchpoles' etc. ... They are appealing for our diplomats to do something about these people and save them from the hands of New Zealand's 'catchpoles'.
I am really highly irritated by all this ... in my mind these people are simple criminals, nothing else" - Ed.
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