/news/crime/rss 九一星空无限 Keep up with the latest in local police, courts, and crime news across New Zealand with 九一星空无限talk ZB. Fri, 31 Jan 2025 12:49:51 Z en /news/crime/ram-raid-police-brutality-case-auckland-officers-matthew-james-andrew-gwilliam-avoid-convictions-for-assaulting-teens/ /news/crime/ram-raid-police-brutality-case-auckland-officers-matthew-james-andrew-gwilliam-avoid-convictions-for-assaulting-teens/ Two police officers who roughed up a young group of alleged ram-raiders following a pursuit through Auckland have been granted discharges without conviction, increasing their odds of being allowed to return to the force. Matthew Sione James, 29, and Sgt Andrew Herbert Gwilliam, 40, were both found guilty of assault last year following a judge-alone trial at Auckland District Court. They could have faced up to one year’s imprisonment for the charges, but prosecutor Taniela-Afu Veikune told Judge Claire Ryan today that the Crown was not opposed to the discharge without conviction request. A third defendant, Officer Harry Mendoza, was granted a discharge without conviction during a separate hearing last year. Unlike the others, he pleaded guilty to the offence. Court documents state the January 2022 incident occurred at about 2am in Mt Roskill after road spikes brought an end to a ram-raid and pursuit that started in Pt Chevalier and continued through multiple suburbs. “At one point a flaming tyre came off the vehicle and bounced down the street,” the judge noted, adding that it was lucky that it was so early in the morning and no bystanders were around to get hurt. “The car continued to drive with sparks and flames coming out of it.” Just days earlier, police had been assaulted during another ram raid that ended in the same area, the judge noted, explaining “there was a background and a context to the police action”. Mendoza and James were first on the scene and rushed to the stolen car to detain the occupants – ages 13, 14 and 17. Mendoza, described by both lawyers and the judge as the main offender, hit the 17-year-old with an open hand to the head. He then delivered a second blow as the teen lay on his side. Gwilliam, an officer for 21 years, then approached the 17-year-old who was at that point covering his head and told him to put his hands behind his back. He then put his knee in the teen’s back. The incident was recorded by the Police Eagle helicopter, which was hovering overhead. Judge Ryan described Gwilliams' actions as fleeting and almost “technical” but an assault nonetheless because it was an unnecessary use of force. “I have no complaints about the way they were removed from the car quickly and placed on the ground,” the judge said, noting that at least two of the teens were struggling. “I accept ... things were moving quickly. They [police] were concerned about their safety.” James, who has been an officer for six years, was accused of illegally punching a 14-year-old girl twice as she resisted arrest. By the time the punches occurred, the girl’s struggling had already reduced. “There was, in my view, no need for two punches to subdue her,” the judge said. Ryan formed the view that the officer was “subduing” the 14-year-old. The punches were “significantly less” force than when she was being pulled out of the car. “She was prone, I accepted she had behaved badly ... But there was no need for two punches to subdue her.” Describing the night in question Ryan touched on the uncertainty which the officers encountered as they approached the car. “Two of the young people didn’t take kindly to be removed from the vehicle and a struggle ensued” to get cuffs on them, Ryan said. “Things were moving quickly, I accept … [the officers] were concerned about their safety, they had no idea if these people had weapons in their car.” The 17-year-old was “definitely struggling” and Gwilliam placed “repetitive downward pressure” on his torso to handcuff him. “I didn’t find there was any unreasonable force to place that young person’s hands behind his back and cuff him,” Ryan said. James was also pushing down on the 14-year-old girl also and there were two clear punches to her body by James. Ryan formed the view that the officer was “subduing” the 14-year-old. The punches were “significantly less” force than when she was being pulled out of the car. “She was prone, I accepted she had behaved badly ... But there was no need for two punches to subdue her,” Ryan said. Defence lawyer Todd Simmonds, KC, who represented both officers in court today, emphasised that Mendoza was the main offender that night. “These are relatively minor assaults,” he said. “That’s not to minimise ... what occurred. “It is acknowledged by both gentlemen that, with the benefit of hindsight, there are learnings here.” Simmonds said Mendoza was using “very significant force … without overdoing the point it’s not an apple with an apple” in the case of James and Gwilliam. The judge agreed. Matthew James, 29, in Auckland District Court on January 31, 2025, who was charged with assault after an incident following a ram raid and a police chase in January 2022. Photo / Michael Craig Ryan noted that both men have said they want to remain police officers, and if they are convicted they would almost surely lose their jobs. Simmonds also asked for any possible reparation to the victims to be kept to a “very modest level”. “Both gentlemen are family men, they have children, they are not of enormous means and obviously any form of reparation is going to impact them financially,” he said. In discharging the officers, Ryan touched on the difficulty of their jobs, but also the huge responsibility they have in society. “Police officers are trained in the use of force, they know when force is excessive … they have to be very careful in fast-moving situations … that [can] cause the loss of public faith in them … and for anti-police views to become more entrenched [in the public],” Ryan said. “All these things I have to consider.” Ryan said Gwilliam faced the “stigma and shame” of a conviction, and the financial impact of him having to be reemployed outside the police force would be significant. Ryan accepted these consequences would be out of proportion with the offending. Gwilliam was shot at five years ago and “prides himself on his professionalism”, Ryan said in describing his career. He has been on restricted police duties since June 1, 2023. Gwilliam has been married 15 years, has two children, is a “proud father … and enjoys spending time with his family”. He also enjoys sports, playing representative futsal and doing volunteer work, Ryan said. Gwilliam had described “the strain on his mental health” that the charge has had. Ryan said that “During [Gwilliam’s] career he’s had to make numerous important decisions … where snap decisions” are required during his largely frontline service. He was disappointed his actions on the night in question have been viewed as they have, Ryan said. Gwilliam was ordered to pay the sum of $400 to a charity of his choice, and court costs of $143. “I suspect that reading through all the documents today I won’t be seeing you again … I’m giving you this chance today,” Ryan said Ryan judged it would be: “Out of all proportion to convict [Gwilliams].” Ryan said James’ punches to the 14-year-old teen make his offending slightly worse than Gwilliams. Ryan also touched on the potential “shame and humiliation” and the loss of James’ “dream job” if he’s convicted. The judge also noted the difficulty of finding a new job if he had to explain he lost his employment as a police officer for hitting a 14-year-old girl. “We need people like you,” Ryan said. “To convict you would be to impose on you consequences which are out of all proportion to the gravity of offending.” James was ordered to pay $600 to a charity of his choice, and court costs of $143. Ryan said she hoped she could see James in the back of the court doing his job as an officer in the future, but never in this context again. Sentencing for police officers Andrew Gwilliam, 40 (left), and Matthew James, 29, in Auckland District Court on January 31, 2025, who were charged with assault after an incident following a ram raid and a police chase in January 2022. Photo / Michael Craig Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand. Tom Dillane is an Auckland-based journalist covering local government and crime as well as sports investigations. He joined the Herald in 2018 and is deputy head of news. Fri, 31 Jan 2025 00:18:35 Z /news/crime/bay-of-plenty-man-aramu-rangi-imprisoned-for-hammer-attack-on-mongrel-mobster-mark-walker/ /news/crime/bay-of-plenty-man-aramu-rangi-imprisoned-for-hammer-attack-on-mongrel-mobster-mark-walker/ WARNING: This story contains some crime scene images A patched Mongrel Mob member’s family said he was “left for dead” in the corner of a shed, where he was found bashed and bleeding from his head by his 12-year-old son. Aramu Rangi was today sentenced to imprisonment for the violent attack, during which he repeatedly hit Mark Walker’s head with a hammer. The Crown alleged Rangi attacked Walker at his home in Ruatoki, south of Whakatāne, because he wanted to avenge the Mob-related killing of Meihana Mason, with whom Rangi had a strong whānau connection. A victim impact statement read by Crown prosecutor Tobias Taane, on behalf of Walker’s whānau, said while he survived the attack, the man they knew was gone. Walker’s son had memories of his father’s skull “smashed open and bleeding profusely on the shed floor”. “You left that 12-year-old boy holding his father with life-threatening injuries ... He lost his childhood that day.” Walker now has a metal plate in his skull, and can only eat soft foods and soups. “You used the hammer to deliver life-threatening blows to Mark’s skull, causing the skull to shatter into minute pieces,” they said. “You attacked him in the shed and left him for dead.” Aramu Rangi, 38, was sentenced in the Tauranga District Court to nine years' imprisonment for a violent attack on Mongrel Mob member Mark Walker. After the attack Walker was taken inside the house and up to the bathroom where whānau brought “towel after towel after towel, until there were no towels left, to help stop the bleeding”. “You left his partner with a Mark that now requires 24/7 care and the relationship’s changed from husband and wife, to mother and child.” Walker suffers from seizures and suffers headaches so severe he can’t walk. He has paranoia, is constantly cold, and doesn’t sleep for more than 15-20 minutes at a time. He could no longer be left to care for his children or do activities with them. Despite this, the whānau said they were “determined not to carry a revengeful heart” and were a “forgiving whānau”. ‘One-out’ gone too far, or avenging attack? Rangi was found guilty by a jury last September on a charge of wounding with intent to cause grievous bodily harm. Judge Bill Lawson said the facts established at trial were that the now 38-year-old had arrived at Walker’s house in February 2022, where he was invited into a shed often used for social gatherings and entertainment. The shed was used for gatherings and entertainment, and was the scene of the violent attack on Mark Walker whose son found him bleeding in the corner. From there, it wasn’t clear exactly what happened. Rangi’s account was that they’d had an agreed “one-out”, or agreed fight, and at its conclusion, Walker had got up and attacked Rangi further, after Rangi had turned his back. Rangi’s lawyer Nephi Pukepuke said his client accepted things had “gone too far” and excessive self-defence had been used. However, Judge Lawson did not accept that and said evidence given at trial, and supported by the jury’s guilty verdict, pointed to the Crown’s case that Rangi went to Walker’s with a motive. He believed Walker to have been involved in the Mongrel Mob-related killing of Meihana Mason, a man it’s understood Rangi thought of as an uncle. Walker had been spoken to by police in connection to Mason’s death twice when the investigation was under way. The judge said the evidence at trial pointed to Rangi retrieving a hammer from his car and returning to the shed, where blood spatter patterns analysed by ESR showed Walker had been seated in a chair when he suffered multiple blows to the back of his head. Judge Lawson did not accept there had been any element of self-defence, excessive or otherwise. The Crown said there was an element of victim vulnerability, given Walker had been seated in the chair and the attack was unprovoked. The judge paid particular attention to the ESR evidence which analysed the blood splatter, and pointed to Mark Walker having been seated when he was attacked in the head with a hammer. However, Judge Lawson said Walker had been an able-bodied man, and a patched Mongrel Mob member at the time, so victim vulnerability was not a factor. He did consider Rangi’s level of violence and the “sheer anger” involved, and considered the use of a weapon, attacks to the head, and pre-meditation as aggravating factors. He also noted the severity of the injuries which “spoke volumes”. He set a starting point at 10 years' imprisonment. The judge gave Rangi a 10% discount to take into account cultural factors, including early exposure to gang culture and violence in his upbringing. The discount also took into account the impact the sentence would have on Rangi’s young children. He received an end sentence of nine years' imprisonment. Hannah Bartlett is a Tauranga-based Open Justice reporter at 九一星空无限. She previously covered court and local government for the Nelson Mail, and before that was a radio reporter at 九一星空无限talk ZB. Thu, 30 Jan 2025 07:47:37 Z /news/crime/teenager-undergoes-head-surgery-after-hammer-attack-in-dunedin-road-rage-incident/ /news/crime/teenager-undergoes-head-surgery-after-hammer-attack-in-dunedin-road-rage-incident/ A teenager brutally attacked with a hammer remains in hospital following a road rage brawl in Dunedin. Senior Sergeant Anthony Bond said at about 1.30pm yesterday, a Mazda vehicle with four occupants, including a baby, hit a Mercedes on Jetty St. This collision was witnessed by the occupants of a Subaru vehicle, who then joined the Mercedes in chasing after the Mazda. The vehicles travelled through Dunedin before reaching McRae St in Mornington, where the Mazda came to a stop. The cars crashed into several parked vehicles, Bond said. Advertisement Advertise with 九一星空无限.Advertisement Advertise with 九一星空无限. The occupants of all three vehicles got out on McRae St, and an assault took place between the groups. A 16-year-old occupant of the Mazda allegedly used a hammer to strike another 16-year-old occupant of the Subaru in the head. The person who allegedly used the hammer was arrested and charged with wounding with intent to cause grievous bodily harm and appeared in the Dunedin Youth Court this morning, Bond said. Advertisement Advertise with 九一星空无限.Another 16-year-old from the Mazda who was allegedly involved in the altercation was arrested and charged with assault. He has been bailed to appear in the youth court next Tuesday. Bond said the 16-year-old victim from the Subaru, a passenger in the vehicle, was driven away by a 20-year-old male, who was subsequently stopped by police on Princess St. Police identified that the head injury needed medical attention, and the 16-year-old was taken to the hospital, with the 20-year-old following in the Subaru. Upon arrival at the hospital, the 20-year-old was told that the Subaru would be seized. Bond said the Subaru driver then allegedly attempted to remove a bag containing 70 grams of cannabis, which was quickly discovered by police. The 20-year-old was then arrested for possession and supply of cannabis. The 16-year-old victim who was struck with the hammer underwent emergency surgery last night and remains in hospital. Further charges may be laid as inquiries continue into the eight people and three cars involved, Bond said. Police are urging anyone who witnessed the incident or has relevant dashcam footage to come forward. Information can be provided online or by calling 105, quoting reference number 250129/2948. Thu, 30 Jan 2025 00:21:25 Z /news/crime/palmerston-north-police-make-arrests-after-three-violent-incidents/ /news/crime/palmerston-north-police-make-arrests-after-three-violent-incidents/ Three men are facing court action after a spate of violent incidents across Palmerston North since New Year’s Day, including two bar attacks and an assault involving a car.  Police say they have arrested three men aged 22 to 26 after two serious assaults at two bars and a violent incident outside a petrol station.  Early on New Year’s Day, police were called to a Rangitikei St bar, after one person received serious injuries.  A 24-year-old man was charged with wounding with intent to injure and is in custody pending a Palmerston North District Court appearance on March 4.  The victim has since been discharged from hospital.  On January 27, about 11.30pm, a person received serious injuries after a suspected stabbing at a Main St bar.  A 26-year-old man appeared in Palmerston North District Court this week charged with wounding with intent to cause grievous bodily harm.  He is due to reappear on March 10.  The victim is expected to be discharged from hospital today, police said.  In a third incident outside a petrol station, a man was struck by a vehicle on Ferguson St and another person received suspected stab wounds on January 10.  They have both been discharged from hospital.  A 22-year-old man was remanded in custody and is due to reappear in Palmerston North District Court on March 4.  He faces charges including wounding with intent to cause grievous bodily harm, possessing an offensive weapon, and assault with a blunt instrument.  Jaime Lyth is a multimedia journalist for the New Zealand Herald, focusing on crime and breaking news. Lyth began working under the NZ Herald masthead in 2021 as a reporter for the Northern Advocate in Whangārei.  Wed, 29 Jan 2025 22:01:33 Z /news/crime/auckland-airport-customs-officers-seize-16-million-worth-of-methamphetamine/ /news/crime/auckland-airport-customs-officers-seize-16-million-worth-of-methamphetamine/ A 69-year-old man has been sentenced to six and a half years in prison after trying to smuggle about 4.4kg of methamphetamine through Auckland Airport. Customs officers seized the methamphetamine in September 2024 after it was found under the lining of the man’s hand luggage. The 4.4kg located would have had a street value of up to $1.6 million. The Dutch national was sentenced in the Manukau District Court on Tuesday and convicted of the importation of the Class A controlled drug. Auckland Airport Customs manager Paul Williams said stopping this quantity of methamphetamine from entering the country prevented about $4.9m worth of social harm and cost to New Zealand. The 4.4kg of methamphetamine found in the bag of a passenger at Auckland Airport would have had a street value of up to $1.6 million. Photo / New Zealand Customs Service “Anyone committing such a serious crime will have to face the consequences,” he said. “Drug couriers may be willing to take the risk of trying to smuggle illegal drugs, but they should understand that Customs’ training and access to intelligence means there is a good chance we will catch and arrest them.” More than $10m worth of methamphetamine was seized in the first two days of 2025 after three people allegedly tried smuggling it through the border. In one incident, meth had been soaked into clothing to conceal it. Customs said two separate attempts at smuggling turned up about 27kg of meth in luggage at Auckland International Airport. Two men, a 33-year-old and a 39-year-old, arrived in the country on a flight from Toronto, Canada, on New Year’s Day. Customs officers questioned them and searched their bags, finding 20.44kg of meth in the 33-year-old’s suitcase. The bag tag was linked to the 39-year-old. They were due in the Manukau District Court today charged with importing a Class A controlled drug. The 33-year-old faces a charge of possessing a Class A controlled drug for supply. Customs said this drug seizure had an estimated value of $7.66m and avoided about $21.42m worth of harm to New Zealand’s communities and economy. Wed, 29 Jan 2025 08:15:16 Z /news/crime/former-givealittle-director-kim-mcwilliams-sentenced-for-drink-driving-twice-in-one-night/ /news/crime/former-givealittle-director-kim-mcwilliams-sentenced-for-drink-driving-twice-in-one-night/ Givealittle director Kim McWilliams was charged with drink-driving twice in one night last year. She resigned from the crowdfunding company before her sentencing today, which included nine months’ community supervision. Community Magistrate Terry Bourke imposed a rehabilitative sentence, noting McWilliams' trauma and proactive steps. By all accounts, when Kim McWilliams was charged with drink-driving around 7pm on September 6 it was considered an aberration for the then-Givealittle director. But then the high-ranking businesswoman, who had never before appeared before the court, got behind the wheel again - in the same vehicle - within hours of being processed at a Hamilton police station. She was arrested a second time just after midnight. On both occasions, she was more than five times the legal limit for driving. McWilliams, who also goes by the surname Nesdale, wept today as she stood in the dock at Auckland District Court for sentencing. She faced up to three months' imprisonment and a fine of up to $4500 for two counts of driving with excess blood alcohol content and the same sentence range for driving while suspended - a restriction that had been put in place between her first and second arrests that night. And she had already lost her job. In a brief statement, Givealittle confirmed that McWilliams had resigned from the board for the popular crowdfunding website ahead of her sentencing. “The board had earlier provided Ms McWilliams an extended leave of absence to undertake the programmes mandated by the court,” the statement said. In New Zealand, the legal limit for driving is 50 milligrams of alcohol per 100 millilitres of blood and anything over 80 milligrams of alcohol results in a criminal case and court appearance. On both occasions, McWilliams was recorded as having a blood alcohol level of 258. “Anyone driving at that level, especially the second time when erratic driving occurred, obviously was of risk to the public,” Community Magistrate Terry Bourke said today, adding that she was so intoxicated she would have known she shouldn’t be driving even before her first arrest. Bourke ordered concurrent sentences of nine months’ community supervision, a 28-day ban from driving, a zero-alcohol licence after that with an alcohol interlock device on her vehicle and several hundred dollars in court fees. It reflected a rehabilitative sentence rather than a punitive one, the magistrate said. “I think it’s important you get your life back on track as much as possible,” he said, noting that police didn’t object to the outcome. “I take it from that they accept the unusual circumstances you found yourself in at that time.” Defence lawyer Nick Leader said his client had been going through trauma at the time and was undergoing steps to address it when she fell from grace. “Regrettably, she wasn’t at the place she wanted to be,” he explained, adding that she’s continued to proactively take steps to make sure such a setback doesn’t happen again. The judge agreed, refusing to elaborate in open court about the trauma but expressing “great confidence” such offending wouldn’t re-occur. “A number of traumatic circumstances arose,” he said. “The anniversary of one has triggered this uncharacteristic episode of drink-driving.” Court documents state McWilliams was behind the wheel of her white Tesla in Hamilton when she was pulled over the first time at 7.06pm. “The defendant stated that after drinking she decided to drive home to Auckland but stopped at the Flagstaff shops carpark on River Rd and decided to sleep the night in her car,” the agreed summary of facts for her case states. She was released from custody at about 9pm, according to the agreed summary of facts for her second set of charges. During the processing, she was suspended from driving for 28 days due to her level of intoxication. At 12.17am, she was stopped again after police observed erratic driving. “In explanation, the defendant stated that she had got an Uber ride back to her car and was driving to get some food,” court documents state. “She stated that she had consumed a bottle of cider from the supermarket whilst she was waiting for her car to charge.” Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand. Wed, 29 Jan 2025 01:17:52 Z /news/crime/what-happened-to-tracey-ann-patient-in-cold-case-murder-49-years-ago/ /news/crime/what-happened-to-tracey-ann-patient-in-cold-case-murder-49-years-ago/ Tracey Ann Patient should be in the golden years of her life. She’d be nearing retirement age to spend more time with her family, perhaps travel to a new country overseas, or just ride the horses she loved so much. Instead, Tracey is stuck in 1976; a teenage girl smiling into the camera lens for eternity. Today marks the 49th anniversary since she was last seen alive in West Auckland. Tracey’s body was found the next day in the Waitakere Ranges, strangled with pantyhose. Her killer has never been found. “My family and I have not, and will never, recover from Tracey’s murder,” sister Debbie Sheppard says. “My parents were robbed of their daughter, my sister Denise and I were robbed of our sister, my aunts and uncles were robbed of their niece, my grandparents were robbed of their granddaughter. “Tracey would have been a fun and loving auntie, mum, and granny. But she was robbed of that opportunity.” Tracey Patient and her family emigrated from East London to West Auckland in 1973. She was 11 and her sister Debbie was 13. The pair were close and stood up for each other at school in Henderson, when they were picked on because of their Cockney accents. But it didn’t take long for the Patient girls to settle into their new lives. They enjoyed going to the beach on the weekends, camping, attending church youth group, listening to music at the record store, going to the cinema or having friends to stay over. Tracey also loved horses and started turning up at a local stables looking for work. “She spent a lot of time there; mucking out the stalls, cleaning the tack and grooming the horses, in exchange for the opportunity to ride their horses,” says Debbie Sheppard. “She was good at sports too, including netball and athletics.” Tracey Ann Patient (left) and her sister Debbie emigrated to Auckland in the 1970s. Photo / Supplied It was an idyllic childhood until January 29, 1976. Debbie and Tracey went to the movies that day with their mother, younger sister Denise, a neighbour and her children. The Doobie Brothers were playing a concert at Western Springs that night, and Debbie was desperate to go. Her mother finally relented, so sensing an opportunity, Tracey asked if she could visit her friend Lynette who lived nearby. “Mum felt that she couldn’t say no,” Debbie says. The sisters left their home on Dellwood Ave together that night until parting ways at Great North Rd. Tracey turned left, Debbie turned right. “She said ‘see you later then’ and I said ‘yeah, see you later’. That was the last time I ever saw my sister,” Debbie says. “It still haunts me that I never turned around to say goodbye. I thought I would be seeing her later that night and we would sit and discuss our evening, like we always did.” Debbie never made it to the concert as her boyfriend stood her up. She caught the bus home and arrived around 10pm to find her parents were worried. Tracey’s curfew was 9.30pm but she was not home, despite having left her friend’s place some time earlier. Debbie and her father drove around Henderson looking for her. “I remember thinking ‘What is she playing at?’ I never for one moment thought that something bad might have happened to her,” Debbie says. “Nothing bad ever happened in Henderson. Or so we all thought.” The next day, a neighbour took Tracey’s father to the Henderson police station. She remembers what happened next as if it were yesterday, “Dad walked in and I could see straight away that something was very wrong. Denise said ‘When is Tracey coming home, Daddy?’ My dad said, ‘she’s not coming home’,” Debbie says. “Denise asked why and he said ‘Because someone killed her’. My mum and dad broke down. Denise started screaming ‘no, no, no, no’ over and over. I was in a state of total shock.” A man walking his dog found her body in the Waitākere Ranges. She had been strangled with pantyhose. The police opened a homicide investigation in which they interviewed hundreds of people over the subsequent weeks and months. The last known sighting of Tracey Patient was at 9.30pm outside the old Henderson police station on Great North Rd. She said goodbye to her friend, who had walked with her to the intersection with Edmonton Rd, before crossing the road to ask an elderly couple what the time was. Appearing upset that she was late, Tracey ran towards her home just 1.6km away. She never made it. Debbie Sheppard describes the next few months as a “living nightmare”. She remembers being invited to a friend’s house for dinner a few weeks after Tracey was murdered. They were eating in the dining room, and the television was on in the room next door. Everyone could hear Debbie’s father speaking on the television news as part of a police appeal for information. “I could see how awkward everyone felt. I had already experienced grown adults crossing the street rather than speak to me,” Debbie says. “It upset me at the time but I now know that it was because they just didn’t know what to say to me.” Despite interviewing hundreds of potential suspects, the police investigation never uncovered what happened to her. The Patient family moved back to England, and tried to get on with their lives but struggled without Tracey. Then nearly two years after Tracey was killed, there was an incredible update. The police received an anonymous phone call in November 1977 that tipped them off about a signet ring in a rubbish bin in the Avondale shopping mall. The section of Scenic Drive in the Waitākere Ranges where Tracey Ann Patient's body was discovered. Her killer has never been found.The section of Scenic Drive in the Waitākere Ranges where Tracey Ann Patient's body was discovered. Her killer has never been found. The anonymous tipster also quoted the number 126040. Police found the ring, which Tracey was believed to be wearing at the time of her murder. But police were unable to trace the call, or decipher the code. Decades later, the case remains unsolved despite thousands of hours of investigative work looking into 670 suspects. Detective Sergeant Murray Free, one of the most experienced investigators in Waitematā, has been the officer in charge of the file for about 20 years. He says the search for Tracey’s killer is ongoing. “Regardless of how much time has passed, I know how deeply this has impacted her family,” Free says. “I would still love to hear from anyone who has information that will help our investigation. “There may be a person who has sat on knowledge for many years. I encourage them to come forward.” Now 64, Debbie Sheppard is a married grandmother who lives near London. She has lived a full life in the 49 years since Tracey’s murder but the impact of her sister’s death lingers. To this day, if her husband or another loved one leaves the house, Debbie has to look at them to say goodbye. “I know this is completely crazy, but I’m scared something will happen to them if I don’t.” She is also certain that somebody knows who murdered her sister, and even 49 years later urged them to speak up. “Please speak to the police. Even if the person you suspect is dead. Nobody will judge you for not coming forward before.” Tracey Ann Patient loved going to the beach, staying with her friends and riding horses. She was 13. Photo / Supplied Any information about the murder of Tracey Ann Patient can be reported via Crime Stoppers anonymously on 0800 555 111. Information can also be reported to Police through 105, using the reference number 990810/0373. Jared Savage covers crime and justice issues, with a particular interest in organised crime. He joined the Herald in 2006 and has won a dozen journalism awards in that time, including twice being named Reporter of the Year. He is also the author of Gangland and Gangster’s Paradise. Tue, 28 Jan 2025 20:31:05 Z /news/crime/auckland-man-charged-over-fiery-hamilton-crash-that-killed-young-couple-injured-another/ /news/crime/auckland-man-charged-over-fiery-hamilton-crash-that-killed-young-couple-injured-another/ An Auckland man will fight charges laid after the car police allege he was driving crashed into a Fonterra truck and caught fire, killing two occupants and injuring another. The man, in his 20s, was this morning excused from attending his hearing in the Hamilton District Court and was granted name suppression. He faces two charges of dangerous driving causing death and one of dangerous driving causing injury after the crash on Ulster St in Hamilton in the early hours of July 9, 2023. Two people died at the scene of the crash on Ulster St in Hamilton in 2023. Photo / Hayden Woodward The charges relate to the deaths of his passengers Kerihaehae (known as Rangimarie) Nepe and her partner Charlie Russell, both 19 of Hamilton, and another occupant, Daimai Tokoa, who was injured. There were other passengers in the vehicle. Police patrolling nearby raced to the crash and pulled occupants from the burning wreckage. The officers, who were praised for their quick and heroic actions, suffered smoke inhalation. In court, defence counsel Olivia Boersma entered not guilty pleas on behalf of her client. He was remanded on bail ahead of his next court appearance in April. ‘I’m gonna miss you, baby’ Meanwhile, news of the crash at the time saw the concerned father of Nepe take to Facebook to try to track her down. He then posted a heartfelt tribute to his “firstborn”. “My big girl, my number one, my honey girl. I don’t even know what to say or how to feel. This is not fair. I f***en love you. I’m gonna miss you, baby. I already do. Rest in love my honey girl,” he wrote. Rangiemarie Nepe and her boyfriend Charlie Russell died in the crash. Russell’s sister Natalia Russell wrote that losing her brother has been the hardest thing. “Losing a little brother has to be the most numbing s**t,” she wrote. “This has got to be the hardest thing ever man ... I’m so broken ... love you so much my baby brother.” Russell also posted a photo of the couple, asking them to “look after each other up there”. Belinda Feek is an Open Justice reporter based in Waikato. She has worked at 九一星空无限 for 10 years and has been a journalist for 21. Tue, 28 Jan 2025 07:40:24 Z /news/crime/second-arrest-after-gun-allegedly-fired-in-middlemore-hospital-carpark/ /news/crime/second-arrest-after-gun-allegedly-fired-in-middlemore-hospital-carpark/ Police have made a second arrest after an alleged firearms incident outside an Auckland hospital. An investigation into the incident at Middlemore Hospital has been ongoing since January 4, when a gun was allegedly fired from a vehicle in the hospital’s carpark. No one was injured in the incident. Detective Inspector Shaun Vickers said the Counties Manukau Offender Prevention Team executed a search warrant in South Auckland late last week, leading to the arrest of a second man. “At a Manurewa address, a 23-year-old man was located by our staff and arrested,” Vickers said. “The investigation team have laid a number of serious charges against this man.” The ma faces charges of committing a dangerous act with intent to cause grievous bodily harm and commission of an offence with a firearm. He appeared in the Manukau District Court over the weekend and was due to reappear today. It comes after police arrested a 34-year-old man over a week ago in relation to the alleged incident. He appeared in the Manukau District Court on January 20, also charged with committing a dangerous act with intent to cause grievous bodily harm and commission of an offence with a firearm. Vickers said police are not ruling out further arrests or charges being made. “Those allegedly involved showed no regard for the safety of those around them, given this occurred at a hospital. “We have no tolerance and will continue to hold those to account who take part in this behaviour,” Vickers said. Tue, 28 Jan 2025 00:19:14 Z /news/crime/nelson-shoplifter-james-weir-pleads-guilty-to-new-dishonesty-charges-steals-whisky-and-meat/ /news/crime/nelson-shoplifter-james-weir-pleads-guilty-to-new-dishonesty-charges-steals-whisky-and-meat/ Habitual shoplifter James Dean Weir gave staff at Liquorland the thumbs up as he sauntered out of the store with a $40 bottle of whisky he hadn’t paid for. Today, he was back in court where Judge Richard Russell told him that Nelson was “entitled to a break” from him, after multiple appearances for similar offending in recent years, some of which had landed him in prison. Weir, wearing an ankle bracelet, clambered over a barrier in the courtroom to enter the dock, and appeared unfazed as the police recounted from the summary of facts what his most recent offending entailed. In August last year, Weir, 31, went into Woolworths in central Nelson, despite being subject to a trespass order from the store, and took two bottles of cider worth $18 and left without paying. He was back a couple of weeks later, picked up eight beers worth $40, and again left without paying. On September 3, he was at New World supermarket in Nelson where he took a lamb product worth $189 and stuffed it up his jacket. But it fell from his clothing, and he was seen kicking it away. The next day, he went into Z Energy and asked staff for cigarettes worth $92 but left without paying. James Weir has pleaded guilty to new dishonesty charges. Photo / Tracy Neal Weir later told police he had “already started smoking them” and so he wasn’t going to give them back. On September 20, he went to an address in Stoke looking for accommodation but after he was refused a place to stay, he left taking a $350 bicycle from the property. The owner suffered from a medical condition that left him unable to chase Weir to recover his bike, the police said. On October 17, Weir went to The Warehouse in Nelson and walked out with $250 worth of items in a backpack. On the same day, he turned up at Liquorland where he took the 700ml bottle of whisky and gave the staff a “thumbs up” as he left without paying. A month later, he was back at Woolworths, where again he breached a trespass order to take alcohol and other items worth $183.99. Later in the day, he went to New World and took $304 worth of meat before leaving via the self-checkout area without paying. In the Nelson District Court, Weir pleaded guilty to two burglary charges, failing to answer bail, six shoplifting charges, unlawfully taking a bicycle, and another charge of wilful trespass linked to the recent crime spree. While remanding him for sentence in April, Judge Russell told Weir that his situation was “serious”, and that prison was an inevitable starting point. He said supermarkets, shops, and retail outlets in the region were “entitled to a break” from his activities. Weir was remanded back on electronic bail with a warning that it would likely be revoked, and he would end up in custody until sentencing, if he offended again. Weir’s recent crime spree was close on the heels of similar offending. In October 2022, he challenged a supermarket store manager while walking out with hundreds of dollars’ worth of meat and asked: “what are you going to do about it?” He also confronted a worker outside a workshop with a fake pistol. In November that year, Weir was jailed after stealing hundreds of dollars’ worth of meat, some of which he stuffed in his jacket, and walked around carrying a fake gun. He told police that he’d taken the meat “because he was hungry”. Tracy Neal is a Nelson-based Open Justice reporter at 九一星空无限. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail. Mon, 27 Jan 2025 08:11:07 Z /news/crime/kingi-keremeta-sentenced-for-seriously-beating-taranaki-murder-accused-jamie-slater/ /news/crime/kingi-keremeta-sentenced-for-seriously-beating-taranaki-murder-accused-jamie-slater/ A man who witnessed his cousin die in an alleged stabbing seriously beat the accused killer, stomping on his head and kicking and punching him until police arrived at the scene. Whatitiri Whakaruru died on April 22 last year at an accommodation complex on Gladstone St in Hāwera, South Taranaki, where his cousin, Kingi Te Aroha Poutonga Keremeta, had been staying. Keremeta, Whakaruru and an associate had been playing table tennis and pool in the complex’s recreation room that evening. Around 10pm, Whakaruru suffered nonsurvivable injuries following an alleged altercation in the recreation room with another resident, Jamie Slater. Slater, 46, has denied murdering Whakaruru and will go to trial in the High Court at New Plymouth in June. Meanwhile, Keremeta has been sentenced for seriously beating Slater, who also goes by the name of Jamie Shippey, that evening. Court documents released to 九一星空无限 on Friday detail how Keremeta had felt “blind fury” when he saw his cousin bleeding. Jamie Slater will go to trial in June this year. Photo / Tara Shaskey Keremeta punched Slater in the head until he fell to the ground. With his bare feet, he then kicked and stomped Slater’s head. The assault continued until the first police officers arrived and Keremeta was pulled off Slater by an associate. According to the court documents, Keremeta threw pool balls in an injured Slater’s direction while police were assisting Whakaruru with medical treatment. Whakaruru was transported to hospital but was unable to be revived. Slater was also taken to hospital as a result of the assault. He suffered significant bruising to his head and face, subconjunctival haemorrhages to both eyes and a right intra-orbital floor fracture, where the bones of the rim of an eye socket are pushed back, which later required a maxillofacial procedure. When spoken to by police, Keremeta admitted the assault and said at the time he felt “blind fury”. Judge Gregory Hikaka sentenced Keremeta in November on a charge of wounding with intent to cause grievous bodily harm and, according to his notes, described it as “nasty violence”. He acknowledged that the events that evening had ended with the death of Whakaruru. Whatitiri Whakaruru was allegedly murdered at an accommodation complex in Hāwera, South Taranaki. Keremeta was also sentenced for family violence matters which occurred in January last year. Judge Hikaka had been asked to take into account Keremeta’s “significant assistance” to the prosecution when it came to the offending against Slater. He said information provided to the court had in “no small measure” assisted Keremeta, who had revealed a changed mindset after having a real wake-up call. The judge said the change was positive considering Keremeta’s mindset had previously been geared towards violence when frustrated with others. “You recognised that your anger stopped you from making a good decision and the passing of your cousin has added to the wake-up call for you. “Getting clean from alcohol and drugs is a positive thing and that has been the situation since mid this year.” The judge noted Keremeta was employed, regularly went to the gym, had made good progress and had a suitable address for home detention. For the family violence matters and the assault against Slater, Judge Hikaka landed on an end sentence of 22 months imprisonment, which he converted to 10 months of home detention for Keremeta’s positive prospects moving forward. “You need to stay off the drugs and you need to manage your anger,” the judge warned him. Keremeta was also given six months of post-detention conditions and will be judicially monitored. Slater is currently remanded in custody and will next appear in court on February 14 for a callover hearing ahead of his trial on June 9, set down for two weeks. Tara Shaskey joined 九一星空无限 in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues. Mon, 27 Jan 2025 08:00:39 Z /news/crime/craig-smith-sentenced-for-fatal-hit-and-run-of-damon-clark-at-brynderwyn-waterfall/ /news/crime/craig-smith-sentenced-for-fatal-hit-and-run-of-damon-clark-at-brynderwyn-waterfall/ More than two years after Damon Clark’s body was found on the side of the road next to a waterfall in the Brynderwyn Hills, his mother has described the enduring grief she lives with after losing her son in the hit and run. “Every morning when I wake, I hope it was a dream, but no, I don’t have my son,” she told the Whangārei District Court this week. “For two years you have been able to live your life as normal ... I was left grieving a son, coming to terms with the fact I will never see him again, never be able to hug him and have to live the rest of my life being unable to share all the things a mother should share with a son.” Clark’s mother was speaking to Craig Smith at his sentencing for careless driving causing the death of her son. Craig Smith was driving along State Highway 1 by Brynderwyn Hills when he fatally struck Damon Clark in September 2022. Composite Photo / 九一星空无限 She said all she had left was a phone message from Clark she had saved. It said: “Hi mum, Happy Mother’s Day. I love you.” “He will never get to say that to me again.” The court heard Clark, 30, was visiting the “wishing well” waterfall on the south side of the Northland hills when he was hit by a car being driven by Smith on September 2, 2022. Craig Smith appeared for sentencing in the Whangārei District Court for careless driving causing the death of Damon Clark. Photo / 九一星空无限 After the collision, Smith drove off, leaving Clark on the side of the road where he died. His body was found the following morning. Family members described him as a quiet, kind, caring soul and said his death has had a profound impact on many. He was a keen golfer with a low single handicap, a fisherman and had worked as a greenkeeper across multiple sites. An exhausting process for justice Clark’s family were gathered in court to see Smith sentenced and to share the impact of their loss, and the exhausting process they have endured to bring him to justice. Through their victim impact statements, they spoke about the strain the lengthy proceedings had put on them. Smith was not charged in relation to Clark’s death until 2023 and then entered a not-guilty plea. This was followed by multiple court dates which family members travelled from as far as Australia to attend. Then when a judge-alone trial was due to start in September last year, Clark changed his plea to guilty. Following that, a restorative justice conference was set down only to be cancelled, leading the family to feel let down by the justice system. Clark’s aunty told Smith that the children in their family had been raised to know “If you do it, own it or don’t do it.” “Not coming forward, then pleading not guilty, then changing the plea has added a lot of additional stress,” she said. “Then restorative justice being cancelled it is hard not to feel like you have no accountability, remorse or compassion for our family.” Clark’s brother and mother said they used all their annual leave to take time off work to attend court hearings, and communication about the case had been poor. “No one communicated with us restorative justice was not going ahead until I enquired with the police,” Clark’s brother said. “This was a huge letdown and has left me disillusioned with the systems that should work to support and protect victims. “I do not believe this process has been victim-centric ... There is no justice in this process.” The fatal hit and run On the day of the crash, Smith arrived at McLeod’s Pizza Barn in Waipu around 5.30pm and consumed up to five beers. He left around 8.30pm and travelled south on State Highway 1 towards his home in Warkworth. Smith had only slept for three hours the night before and later told police he worked up to 70 hours a week. That evening, Clark had borrowed a friend’s car to go to the waterfall. He parked at a nearby layby and walked to the spot shortly after 8.30pm. The waterfall on the side of the road of Brynderwyn Hills where Damon Clark was hit by a car. Photo / 九一星空无限 As Smith drove along the 50km/h road and around a bend, he came off the side of the road and hit Clark who was standing at the waterfall’s base. Smith’s car then hit a rock bank on the other side of the waterfall. He manoeuvred his way out and drove off. As Smith continued driving, he hit a road sign and then at the base of the hills, he pulled over and called a tow truck. Clark’s body was found the next morning by two people who stopped to fill up a water bottle. In court, Smith’s lawyer John Moroney submitted his client had only two beers that evening. But Judge Philip Rzepecky rejected this, pointing out he had pleaded guilty to having “four or five”. Moroney then said there was no suggestion Smith was drunk driving, which upset Clark’s family members in court. “You wouldn’t know,” one called from the public gallery. Judge Rzepecky said the serious crash unit had determined the crash was caused by fatigue and acknowledged Smith, who has previous convictions for careless driving and excess breath alcohol, was of good character. “It’s always the case; you did not mean to cause the accident, often it is only an unintended and temporary lapse,” Judge Rzepecky said. He sentenced Smith to 280 hours of community work, disqualified him from driving for 18 months, and ordered him to pay $5000 in emotional harm reparation. Smith submitted a letter of remorse at the sentencing which granted him a 5% discount however a family member told 九一星空无限 it was provided too late and did not assist the family with any healing. They were also disappointed Smith was awarded a 5% discount for being a community member involved with the local Coast Guard. Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined 九一星空无限 in 2023. Sun, 26 Jan 2025 01:27:36 Z /news/crime/mum-crystal-sinclair-sentenced-for-465k-theft-from-small-whenuapai-auckland-business/ /news/crime/mum-crystal-sinclair-sentenced-for-465k-theft-from-small-whenuapai-auckland-business/ Auckland office manager Crystal Nicole Marie Sinclair was sentenced to 11 months’ home detention for embezzling $465,000. Sinclair used her role to funnel money into personal accounts, spending it on online gambling. Judge Grant Fraser rejected permanent name suppression, citing the impact on the victim and community protection. A couple who lost their successful horticultural business, future dream home and life savings after a trusted office manager stole more than $465,000 say they’ve been robbed again – by the justice system. Malcolm and Trina Woolmore slammed the court system after 38-year-old Crystal Nicole Marie Sinclair, who they said they treated like family, had a potential 4.5-year prison sentence reduced to less than a year of home detention after she argued there was no one to look after her children. This week in court the West Harbour single mum also used her three children – who she had not told about the $465,000 swindle – as the basis for an argument that she receive permanent name suppression. That suppression application was rejected by Waitākere District Court Judge Grant Fraser. He read Malcolm Woolmore’s victim statement in court at length and ordered a sentence of 11 months of home detention. “Crystal was a trusted and valued member of the team,” former Lyndale Custom Mix Ltd owner Malcolm Woolmore had told authorities, adding that he and his wife felt “totally betrayed” and wanted to see her serve time in prison. “I have never before been taken advantage of the way Crystal had taken advantage of me,” he said. Woolmore lost the business he had helped build from the ground up when he started there part-time as a 13-year-old. “Her theft has changed my life,” he said. Crystal Sinclair sits at her former desk at Lyndale Custom Mix, a Whenuapai-based horticulture company from which she stole $465,000. Builders working on the Woolmores' dream home in Kerkeri were told to down tools as funds were no longer available. The couple had to halt construction on their dream home in Kerikeri, pay a forensic accountant more than $120,000 to decipher the books and put $300,000 of their life savings into the business, once valued at $1.5 million, only to sell it for the debts owed. The true financial cost of the stolen $465,000 was close to $1 million, they said. Lost bet Sinclair pleaded guilty in August to representative charges of theft by a person in a special relationship and accessing a computer for dishonest purposes, both of which carry sentences of up to seven years in prison. Court documents outline how she funnelled cash from the Whenuapai-based horticulture business into roughly a dozen personal bank accounts over 14 months in 2022 and 2023, taking advantage of her office administration role helping with payroll and bill payments. She also padded her pay cheques and used the company credit card for multiple trips to Pak’nSave and an excursion to Rainbow’s End. Trina and Malcolm Woolmore had to sell their horticulture business at a loss and stop building their dream retirement home after an employee embezzled $465,000. Woolmore told the Herald it was when Sinclair was holidaying in Dubai with her then-partner that a supplier called the company’s office chasing a payment and her intricate deception started to unravel. Woolmore recalled being confused as he called the supplier back. The system showed the bill had been paid. It hadn’t. “I couldn’t find any hard copies and I had been locked out of the business banking and files as the password had been changed,” Woolmore recalled. A forensic accountant was called in to decipher the mess, costing the business owner a further $124,000. “Crystal did such a good job hiding her theft in our computer system we couldn’t tell what was real and what was fake,” Woolmore explained. “All our reporting systems were destroyed as we couldn’t trust what was in our systems.” He recalled having to go to suppliers and ask if bills had been paid. Malcolm Woolmore (pictured) started working at Lyndale Nurseries as a 13-year-old and went on to buy the company. “It was so unprofessional and embarrassing to be in such a position,” he said. “We had to trust what they told us to be true.” According to the agreed summary of facts for the case, Sinclair’s illicit money transfers ranged from small amounts to about $5000 at a time. Most transfers were between $2000 and $3000. “The defendant voluntarily presented herself to police and in explanation stated she spent the money on online gambling and thought she was going to win it back,” court documents state. ‘Slap in the face’ Judge Fraser said it would take “many, many lifetimes” for Sinclair to pay the money back at her current rate of reparation of $50 per week. Noting that she is now on a Jobseeker benefit, he ordered the payments to continue over the next five years in addition to a $10,000 lump sum that has been paid with money taken out of her KiwiSaver account. The result would mean $20,150 of the missing $465,000 repaid. While not satisfactory, any other order would be unrealistic, he said. Prosecutor Stewart King asked the judge to order $586,000 in reparations – a figure that also took into account the money spent on a forensic accountant. The long-term debt would serve as “a weekly reminder to the defendant about the harm that she has done”, he suggested. Police had sought a starting point of between four-and-a-half and five years’ imprisonment for Sinclair. King also opposed the defendant’s last-minute bid for permanent name suppression. Naming Sinclair would provide a layer of protection for the community, he said, as he asked the judge to consider the impact her offending had on the victim. “He treated her as family and this is the response he gets to employing her, treating her well and trusting her,” King said. “It is a real slap in the face for him.” Sinclair’s lawyer, Jennifer Holden, pointed out her client had no prior criminal record and was taking concrete steps, via counselling, to ensure she wouldn’t be before the court again. “A prison sentence would not just do harm to Ms Sinclair but to her children,” Holden said. Malcolm Woolmore said he had no choice but to sell Custom Mix. Photo / Google Maps Judge Fraser ordered a starting point of four-and-a-half years’ imprisonment but then allowed 60% in combined discounts for her guilty pleas, gambling addiction, rehabilitation efforts and other matters. Because the end result was a sentence of less than two years, the judge was given leeway to consider an alternative non-custodial sentence. He agreed that a custodial sentence would not be the best outcome for her children given their father lives overseas. Sinclair has been receiving counselling from the Problem Gambling Foundation and said she now aspires to eventually get a job as a peer support worker for gambling addiction. “Ms Sinclair is genuinely remorseful,” Holden said, acknowledging that there was “some scepticism” about that from the victims even after they met face-to-face for a restorative justice conference. “Ms Sinclair did want to face Mr and Mrs Woolmore and extend her deepest apologies for what she has done.” Family workplace ‘wrecked’ Woolmore told the Herald he had put more than $300,000 from his life savings into the business to keep it afloat after Sinclair’s thefts. He eventually realised the situation was untenable and sold the company to pay off its debts before the life savings could be recovered. Just four years earlier, he had been offered $1.5 million from someone wanting to buy the business from him but now he was walking away from his life’s work nearly $1 million in the hole, he said. “I could have liquidated the company which would have meant my team lost their jobs and all our suppliers would have been out of pocket, but I just couldn’t do that to them,” he said, explaining that he didn’t have theft insurance because he “never dreamed” it would be needed. “It has wrecked the very close Custom Mix family,” he said. Former Custom Mix owner Malcolm Woolmore says he had an "immense feeling of betrayal and loss" after finding out that employee Crystal Sinclair had embezzled so much money the business could not recover. The theft also put on ice plans for Woolmore’s dream home in Kerikeri, where he planned to retire with his wife, Trina. No longer able to pay the builders, they halted construction. The theft meant Woolmore’s life at 68 and Trina’s at 63 was “a lot different than what we had worked toward”. “It was our dream and you ripped it from us,” Trina Woolmore recalled she told Sinclair in the restorative justice meeting. ‘Crime pays’ The outcome was not an unusual one. Community detention was among the most common sentences last year for those convicted of stealing from their employers, according to an Open Justice analysis recently published in the Herald. Of the 57 defendants sentenced last year for theft by a person in a special relationship, just eight cases resulted in imprisonment. Home detention was ordered for 15 defendants, 19 were ordered to serve community detention and all others were handed less rigorous sentences. Such statistics would offer little comfort to the Woolmores, who feel the non-custodial outcome of their case means they’ve been robbed again – this time of justice. Malcolm Woolmore pointed out defendants had been sent to jail before for similar scenarios and suggested Sinclair’s mother, who had looked after the children when she worked, and extended family could have taken over parenting duties while Sinclair served her time. “To us the sentence sends a message that crime pays,” Woolmore said, explaining that the damage caused by his former employee has extended beyond the financial realm. “I have bouts of depression and really struggle to get out of bed in the morning. My motivation is gone. And the world doesn’t seem the same any more,” he explained. “I am now more cautious with my trust. I don’t take people at face value; it’s altered how I view humanity.” He accepted Sinclair had a gambling habit but also suspected she was motivated by simple greed. He recalled the defendant telling colleagues after the Dubai holiday that she flew business class and had bought gold. Trina Woolmore expressed similar frustration with the outcome. “I only hope that Crystal actually realises the severity of the consequences of her theft,” she said. “It is hard to tell whether she is really remorseful for what she had done or sorry she got caught. “It is hard to trust that someone is being truthful when they have lied to you so much.” Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand. Kirsty Wynn is an Auckland-based journalist with more than 20 years experience in New Zealand newsrooms. She has covered everything from crime and social issues to the property market and consumer affairs. Sat, 25 Jan 2025 20:37:24 Z /news/crime/former-deputy-principal-iain-george-anderson-jailed-for-historic-sexual-offences-with-student/ /news/crime/former-deputy-principal-iain-george-anderson-jailed-for-historic-sexual-offences-with-student/ Warning: This story contains details of sexual offending against a young person and may be upsetting to some readers. Former deputy principal Iain George Anderson was sentenced to prison for historic sexual offences. Anderson’s crimes involved a student 40 years his junior, beginning in the early 2000s. Judge Jo Rielly highlighted the significant and long-lasting impact on the victim’s life. The former deputy principal of a rural area school has been sent to prison for historic sexual offending against a student, who continues to be haunted by what happened to her. Iain George Anderson, who resigned as deputy principal of Tapawera Area School in the Tasman District in 2006, was sentenced today on representative charges of indecent assault, plus a charge of sexual conduct with a young person and another of sexual connection with a young person dating back to the early 2000s. The victim, who believed at the time she was in a relationship with Anderson, said in a statement read out by the judge in the Nelson District Court that the impact of what had occurred had shadowed her for 20 years. Growing up had been a time of “so many secrets, so many lies”. Initially, she felt she was partly to blame but now knew better. “She was groomed, she was manipulated by you - a person in a position of power,” Judge Jo Rielly said. The judge said the victim felt she had been brainwashed through being caught up in a “whirlwind of emotion and deception” that had affected her relationship with others. “She was ashamed of herself and was treated badly by others because of their perception of what had occurred.” Anderson’s connection with the victim ended when her family found out and confronted him. The ailing 75-year-old, who shuffled into court with the aid of a walker, was sent to prison for two years and eight months, with permission granted to allow his brother to take him to Christchurch, with time for lunch and to “get some fresh air”, before presenting himself at the prison by this evening. The police summary of facts showed that Anderson began to “show affection” towards the young girl in the early 2000s. He got close to her and gave her special errands to run so that she was “made to feel special” over other students. Anderson regularly hugged her and held her hand, police said. On one occasion after school, Anderson kissed the student in a manner she described as “a quick peck on the lips”. “The complainant was shocked but she trusted him and it made her feel special,” police said. She was then kissed “on multiple other occasions” which were more forceful in nature. Once, Anderson “deliberately brushed up against the complainant” while walking past her at school; his hands and body touched the student over her clothes. Another time as she was showing him her schoolwork and with her back to other students, Anderson touched her indecently over her clothing. On multiple occasions, he groped her and took her to a back room at the school and closed the door so he was able to hear if someone came into the room. Later he texted her about meeting up, and she would leave her home to be with him. They then “parked up” in a secluded area where sexual contact occurred. It ended when her family found out what was happening and confronted him. Crown prosecutor in Nelson, Daniel Baxter, said aggravating features were the large age difference between Anderson and the victim and the significant breach of trust. Photo / Tracy Neal Anderson told them that he and the complainant had entered into a sexual relationship but said it was only when she had turned 16, and while he was then 56. Crown prosecutor Daniel Baxter said aggravating features were the age difference and the breach of trust by someone in a position of power. “The impact on the victim has been significant and long-lasting,” Baxter said. “It ruined her formative teen years and it still haunts her today. It’s something she is still coming to terms with.” Baxter said Anderson appeared to lack any remorse and insight into his offending, and continued to deny anything occurred before the victim turned 16. But Judge Rielly said Anderson’s early acknowledgment of guilt was a demonstration of remorse. The victim could not accept a brief apology letter Anderson wrote, as she was not sure it was genuine. Defence lawyer Dave Holloway confirmed it was. He also said Anderson had pleaded guilty at an early stage, which had spared the victim from a trial, but conceded the offending was prolonged, there was a significant breach of trust and that the victim was vulnerable because of her age. Holloway also said a mitigating factor was the lack of sexual intercourse, but Judge Rielly noted that the “variety of sexual acts increased in the level of intimacy” over time. Judge Rielly also noted the victim’s wishes that she hoped Anderson could now see the pain and distress caused by his actions. “She hopes you understand that what you did was so wrong.” Judge Rielly said in sentencing Anderson to prison, after discounts for his guilty plea, his age and ill health, that it was clear from the facts that he had gone to “significant lengths” to conceal his conduct so it was able to continue for so long. She considered that Anderson had done what he could to acknowledge the harm, but that he lacked insight into the level of harm caused. Anderson’s prison sentence meant he was automatically registered as a child sex offender. The terms of his release would be set by the Parole Board. SEXUAL HARM Where to get help: If it's an emergency and you feel that you or someone else is at risk, call 111.If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:• Call 0800 044 334• Text 4334• Email support@safetotalk.nz• For more info or to web chat visit safetotalk.nzAlternatively contact your local police station - click here for a list.If you have been sexually assaulted, remember it's not your fault. Safe to talk - He pai ki tekōrero Safe to talk - He pai ki te kōrero Sexual Harm. Do you want to talk? (2 MB) https://safetotalk.nz/ New Zealand Police New Zealand Police Find Police stations by map New Zealand Police Tracy Neal is a Nelson-based Open Justice reporter at 九一星空无限. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail. Fri, 24 Jan 2025 01:46:10 Z /news/crime/nelson-woman-megan-aitken-sentenced-for-threatening-psychologist-with-fearful-texts/ /news/crime/nelson-woman-megan-aitken-sentenced-for-threatening-psychologist-with-fearful-texts/ Megan Aitken sent 69 threatening texts to a psychologist after he declined to refer her to ACC. Aitken was sentenced to community detention and supervision for causing harm by posting digital communication. She was also disqualified from driving for six months and fined for speeding and assaulting a police officer. When a psychologist who assessed a woman for suspected concussion declined to refer her to ACC, she responded with a volley of threatening texts. Megan Aitken sent 69 text messages to the psychologist in less than an hour, telling him “I hope you die”, and “get cancer” and hoped that his house might burn down. Judge Jo Rielly said in the Nelson District Court today that while the psychologist had declined to submit a victim impact statement, she imagined he would have been left feeling “extremely fearful”. Prosecutor for the police, Shania Nicholson, confirmed that the psychologist had said he felt fearful upon receiving the messages. Aitken, who appeared to smirk, glower, and wipe away tears while in the dock was told her facial expressions during the hearing were not helping. She was in court for sentencing on a range of charges that began in April 2023 when Aitken was suspended from driving for three months but was detected by the police driving at 137km/h on the Moutere Highway the following month. At the time Aitken had a medical condition which meant she was unfit to drive, but had later had her licence reinstated. When police pulled her over she told them she was a suspended driver and then drove off as further details were sought. The police caught up with her several kilometres down the road at Appleby School, where she said she was late picking up her son. In August she was clocked by police again, this time travelling at 126km/h in the same area. Megan Aitken was sentenced in Nelson District Court. Photo / Tracy Neal Police abandoned the pursuit that followed for safety reasons after Aitken did a U-turn and sped off having been signalled by the police to pull over. She then failed to appear in court on two occasions. Aitken was charged with assaulting a police officer in March last year after she kicked the officer in the stomach while being arrested on unrelated matters. The assault was followed by the text barrage in June last year, which forced the psychologist to block Aitken’s number. In court, defence lawyer Tony Bamford said Aitken had been grappling with a concussion she claimed to have had, and was triggered into sending the messages when the psychologist expressed an opinion to ACC she wasn’t suffering as such. “She found that extraordinary and ‘lost it’,” Bamford said. Aitken told the police she had sent the messages and had done so because she “had schizophrenia”. The 31-year-old, who talked over the judge during sentencing, asked how she might get her groceries and her son to school and then said she would “have to re-offend” if her driver’s licence was removed. Judge Rielly said sanctions needed to apply and disqualified Aitken from driving for six months on a charge of driving while suspended, and for failing to remain stopped for the police on two occasions. She was sentenced to three months of community detention plus 12 months’ supervision on the charge of causing harm by posting a digital communication, relating to the texts. Judge Rielly said Aitken continued to display a dislike for authority, a sense of entitlement, lacked remorse and blamed the police for targeting her. Her comments to a probation officer that she did not consider her behaviour posed a risk were “naive and concerning”, Judge Rielly said. “You have taken a victim stance in relation to your offending behaviour,” Judge Rielly said. She acknowledged that life had been difficult for Aitken because of the mental health issues she had spoken of. Aitken had been helped with daily transport tasks by a flatmate and her mother who told the court when invited by Judge Rielly to speak that her daughter was “doing the best she could” under the circumstances. Aitken was sentenced to a further month of community detention on the charge of driving while suspended and another month for assaulting the officer, with the time to be served concurrently. On the speeding charges, she was convicted and fined $150. Aitken was convicted and discharged for twice failing to appear in court. Judge Rielly hoped she would think twice about driving while she was disqualified, but ultimately, the choice was hers. Tracy Neal is a Nelson-based Open Justice reporter at 九一星空无限. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail. Thu, 23 Jan 2025 08:13:11 Z /news/crime/kevin-grey-sentenced-for-whang%C4%81rei-crime-spree-including-petrol-station-assault-of-couple/ /news/crime/kevin-grey-sentenced-for-whang%C4%81rei-crime-spree-including-petrol-station-assault-of-couple/ An innocent member of the public was pumping petrol when he gave a Head Hunter a friendly nod across a Northland forecourt. Moments later, he and his partner were viciously attacked by the gang member and his friend, leaving the man seriously injured. The attack was part of a crime spree that also saw Kevin Grey fire two shots into the air at a packed car event after a disagreement broke out with rival gang members. But that spree has come to an end and this week, the 27-year-old appeared for sentencinge in the Whangārei District Court on nine charges including unlawfully entering motor vehicles, assault with intent to injure, male assaults female and discharging a firearm. In court, Grey’s offending was labelled “quite a contrast” to the way he conducted himself within his community. Judge Philip Rzepecky said Grey was an integrated member of his marae where he upheld roles as a gravedigger and a butcher for events. “Despite your history, you do play a role in your community at your marae ... you’ve probably got some talent with carving and artwork and that’s what you need to focus on in the future,” the judge said. “It’s quite a contrast to what I’m reading.” The court heard the offending kicked off in March last year when Grey unsuccessfully tried to steal a vehicle in Maunu, Whangārei. He smashed the car’s ignition and inadvertently left blood behind which later linked him to the crime. Then in July, Grey was at the Z petrol station in Te Kamo alongside another car, occupied by a woman and a man. The woman went into the shop to pay while the man pumped the petrol. While he was filling up, the man gave Grey a friendly head nod. Shortly after, Grey approached him and, without warning, king hit the man and then punched him twice. Kevin Grey also fired a rifle into the air amid a disagreement with members of the rival group Black Power. An associate of Grey’s became involved, striking the man from behind and eventually taking him to the ground. They continued to kick and punch him. The woman inside the store saw the assault and ran to their vehicle and removed the keys from the ignition. Grey turned his attention to her, kicking her in the back and pushing her into the car door frame. He then returned to the male victim, who was now lying in a foetal position, and continued to kick him. When the woman tried to help her partner, Grey struck her in the face with an open hand before attempting to fight members of the public who had tried to intervene. Grey and his associates fled the scene, leaving the male concussed with various other injuries. Then in October, Grey was attending a car burn-out rally in Pipiwai, north of Whangārei, with prospects of the Head Hunter North Shore chapter. There were about 200 people present, including rival Black Power members, when a disagreement broke out. Grey pulled out a rifle and fired two shots in the air before fleeing. He was later found in the North Shore with the gun still in the vehicle. Ammunition was also located at his girlfriend’s address. In court, Grey’s lawyer John Day said he acknowledged his client was “no stranger to the courts” but when arrested, he was co-operative and admitted the charges. Day accepted Grey’s extensive criminal history which included aggravated robbery and agreed prison was the most likely outcome. Judge Rzepecky viewed the firearms charge as the most serious and said discharging the gun was particularly aggravating behaviour amongst gang people. Grey was sentenced to 38 months imprisonment. Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined 九一星空无限 in 2023. Thu, 23 Jan 2025 07:58:41 Z /news/crime/soundsplash-sexual-assault-investigation-police-cordon-off-tent-at-raglan-music-festival/ /news/crime/soundsplash-sexual-assault-investigation-police-cordon-off-tent-at-raglan-music-festival/ Warning: This story mentions sexual abuse and may be distressing  Police are investigating an alleged sexual assault at a popular North Island music festival for teenagers.  Soundsplash, in Raglan, Waikato, is one of the few festivals for under-18s. Nearly 10,000 people have attended past events, which run over three days.  The festival, and the alleged assault, happened last weekend, with police cordoning off a tent in the early hours of Sunday morning.  Police are investigating following a reported sexual assault at Soundsplash music festival in Raglan. Photo / supplied  A festivalgoer told the Herald he woke up and noticed unmarked cars and detectives around a taped-off tent.  He believed it was serious and messaged others to stay away and give police space.  A police spokesperson said they were investigating a reported sexual assault at an event on Ngarunui Beach Rd in Raglan.  “Police were alerted about 3am on January 19, and a scene guard was put in place.  “Inquiries are in their early stages and the victim is being provided with support.  “While the investigation is ongoing, we are unable to provide further information at this time.”  A spokesman for Soundsplash said they would not comment while the police investigation was ongoing.  “Any reports of criminal behaviour on site at Soundsplash are handed over to police - in line with Soundsplash’s wellbeing policy and robust event security procedures - and the event team makes all efforts to assist police with their inquiries.  “Soundsplash’s terms and conditions of entry - including details of behaviours prohibited on site - are outlined on the official event website.”  Help Auckland’s executive director Kathryn McPhillips told the Herald that music festivals were like everywhere else, in that sexual assault occurred every day.  “Everyday attitudes that people have about relationships or consent, they take them to a festival.”  She said sexual assault at festivals was not due to the lowering of inhibitions from drugs or alcohol, but predatory behaviour.  McPhillips said festivals were now instituting messages about behavioural expectations.  “They may have designated caring people or people talking about consent,” she said.  “Festivals are now some of the places in our society where the most active work to not have sexual assault occur.”  Several incidents have marred the three-day Raglan festival during the past two years.  In 2023, teenage festivalgoers said they developed sunstroke symptoms while waiting hours in the searing heat without water.  Last year, an Auckland mum was left furious when her sick 16-year-old was left alone on the side of the road unconscious in the sweltering heat.  At the same festival, passengers on a bus carrying 50 teenagers began fainting due to an air conditioning malfunction while returning to Auckland.  SEXUAL HARM  Where to get help:  If it’s an emergency and you feel that you or someone else is at risk, call 111.  If you’ve ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7: • Call 0800 044 334 • Text 4334 • Email support@safetotalk.nz • For more info or to web chat visit safetotalk.nz Alternatively contact your local police station. If you have been sexually assaulted, remember it’s not your fault.  David Williams is an Auckland-based Multimedia Journalist who joined the Herald in 2023. He covers breaking news and general topics.  Wed, 22 Jan 2025 21:09:16 Z /news/crime/bay-of-plenty-man-imprisoned-for-nine-year-sexual-abuse-of-young-stepdaughter/ /news/crime/bay-of-plenty-man-imprisoned-for-nine-year-sexual-abuse-of-young-stepdaughter/ Warning: This story deals with details of the sexual abuse of a child and may be distressing. A schoolgirl who was abused by her stepfather “hundreds of times” over nine years was left “perpetually confused and scared” and still suffers from the ongoing impact of his actions. “You took advantage of my innocence as a young girl, and preyed on me from a young age, to the point that I was confused about what was happening to me,” the victim said in a statement read out in court. “Sleepless nights became the norm as I battled fear that you would enter my room again and would take advantage of me, and prevented me from finding safety even in the confines of my own home.” Her 39-year-old stepfather was today sent to prison for four years and two months after being sentenced in the Tauranga District Court. Crown prosecutor Hannah Speight read the victim’s impact statement, which discussed the post-traumatic stress disorder and ongoing mental health challenges the now-adult victim continues to face. The abuse had played a “pivotal role” in breaking apart the girl’s family. “The guilt I carry for coming forward with the truth weighs heavily on me as it has contributed to the fragmentation of relationships that are really important to me.” She said she had only fully understood her stepdad’s actions once she reached adulthood. A 39-year-old has been imprisoned for sexual assaults on his young stepdaughter, over a nine-year period. Given ‘lollipops’ and cash to buy silence According to court documents, the abuse started when the girl was around 6 years old, escalating from the use of sex toys to perform indecent acts through to sexual violations involving oral sex by the age of 11. He would sometimes offend against her while her younger brother was asleep in the same room. From the outset of the offending, the man attempted to keep the girl from disclosing the abuse. When she was very young, he would offer her lollipops after the indecent acts, and then ask her not to tell anyone what had happened. As she got older, he would instead give her money and currency for online gaming. He would text her and ask her to wear shorts to bed, offering more money and currency for online gaming. He would take advantage of that clothing to offend against her the next morning. There was a period in the nine-year abuse where he would use a sex toy to perform an indecent act “most mornings for approximately one year”. The abuse stopped when she went to live with her biological father. Stepdad ‘deeply regrets’ actions The stepfather faced one charge of sexual violation by unlawful sexual connection, four charges of an indecent act on child under 12, and one charge of an indecent act on a young person. His lawyer Bill Nabney asked for a starting point of six to seven years’ imprisonment. He said this reflected what was for the most part “low-level” indecent acts, other than the one instance of a sexual violation. “The scale, especially the indecent assault offending, is significant, but the actual nature of it is lower level for offending of this type, in my submission.” He also asked for discounts for the man’s background and substance abuse issues, which had contributed to his actions, for his early guilty plea, and remorse. “He is truly sorry and remorseful, it’s not just an act on his part, he certainly deeply regrets what he did to his stepdaughter,” Nabney said. The Crown agreed with the available discounts for background and guilty plea, but sought a slightly higher starting point of seven to eight years’ imprisonment. Judge Melinda Mason pointed to the breach of trust, premeditation, victim vulnerability, harm caused, and scale of the offending as aggravating factors. The girl had been entitled to look to her stepfather for “love and protection” not sexual gratification. “She’s also suffered a family relationship breakdown because of your ongoing relationship with her mother, and she finds it difficult to deal with that,” Judge Mason said. “The impact of your offending is ongoing and is not going to stop with this sentencing, and that needs to be acknowledged.” The judge referred to the man’s guilty plea as preventing the victim from having to endure a trial, and also noted the man’s background, where he’d also been the victim of abuse. The judge accepted the man’s remorse was genuine, but had to be viewed in the context of the lengthy period of offending against the girl. “But I accept with the counselling [the man was getting] and with your refreshed understanding of the impact your offending has had on the victim, that you are genuinely remorseful.” Judge Mason set the start point at seven years' imprisonment and gave the man a 25% discount for guilty plea and a 15% discount for personal factors and remorse. He was sentenced to four years' and two months' imprisonment, and will be automatically added to the Child Sex Offender Register. SEXUAL HARM Where to get help:If it's an emergency and you feel that you or someone else is at risk, call 111.If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:• Call 0800 044 334• Text 4334• Email support@safetotalk.nz• For more info or to web chat visit safetotalk.nzAlternatively contact your local police station - click here for a list.If you have been sexually assaulted, remember it's not your fault. Hannah Bartlett is a Tauranga-based Open Justice reporter at 九一星空无限. She previously covered court and local government for the Nelson Mail, and before that was a radio reporter at 九一星空无限talk ZB. Wed, 22 Jan 2025 08:11:23 Z /news/crime/grab-and-run-thief-george-sampson-jailed-after-robbing-woman-outside-auckland-supermarket/ /news/crime/grab-and-run-thief-george-sampson-jailed-after-robbing-woman-outside-auckland-supermarket/ A woman was knocked down and robbed in an Auckland supermarket carpark in December 2023.  George Jackson Sampson used her stolen bank card for eight transactions totalling $1609 within an hour.  He has now been sentenced to 22 months in prison for the robbery and spending spree.  A woman knocked to the ground as her handbag was yanked off her shoulder while loading groceries into her car says she is now too afraid to shop alone.  The man who targeted her and then robbed her during the “grab-and-run” racked up $1609 in expenses during an hour-long spending spree using one of her bank cards.  George Jackson Sampson was sentenced yesterday to almost two years in prison for the offending that started in a Takanini, Auckland, supermarket carpark in December 2023.  The woman’s driver’s licence, house and car keys were in the bag when it was stolen which caused lingering fear, Judge Garry Barkle said during sentencing in the Nelson District Court.  Sampson initially denied a charge of robbery and a representative charge of using a bank card but later changed his pleas to guilty.  The 26-year-old, who had since moved to Kaitaia was in Nelson briefly for a time and appeared in the Nelson court via a video link from the Northland Corrections Facility.  According to the police, Sampson formed a common intention with two associates to target members of the public in the Pak’nSave carpark in Takanini.  At around 8.20pm he and an associate were dropped off at the supermarket on Great South Road.  The other associate parked a short distance away.  At the same time, the woman was loading groceries into the boot of her car outside the supermarket.  Sampson approached her from behind and grabbed the strap of her handbag hanging over her shoulder.  As she tried to stop him from stealing her bag, Sampson pulled harder on the strap and freed it from the woman’s grasp, knocking her over in the process.  The woman said in her victim impact statement she suffered grazes to her arm and leg, was left constantly looking over her shoulder and was now too afraid to shop alone.  Sampson and the associate ran south along Great South Rd, cut through a service station forecourt onto Tironui Rd where the third associate was waiting before they all drove off.  About 10 minutes later Sampson and one of the associates entered a service station on Great South Rd and used one of the woman’s bank cards to buy $135.60 worth of items.  It was the first of eight transactions using the stolen card within an hour.  Minutes later they were in the Bell Bird Dairy on Great South Rd, Manurewa, where Sampson spent $173. His next target was a nearby superette where he spent $165.24, followed by $169.95 at Thirsty Liquor, and a further $174.05 at Apna Spice before heading back to the superette where he spent a further $353.19.  At 9.12pm he used the card to re-charge his 2degrees phone account to the value of $108 and two minutes later he was back at the same Mobil service station on Great South Rd where spent a further $160.  Judge Barkle noted Sampson’s minimal criminal history and how things appeared to have “gone off the rails” in recent years.  An alcohol and drug report showed he had endured poverty and learning difficulties growing up, he had been a heavy cannabis user use from his early teens but had been in fulltime work since 18.  Judge Barkle said on the lead charge of robbery there was no tariff case for such an offence but it was comparable to a street robbery by demand. Aggravating factors were the degree of planning by Sampson and his associates to target members of the public.  He said Sampson being with two others increased the element of intimidation, and the offending happened in a public carpark where there was an inherent risk of placing others in danger who may have tried to intervene.  From an overall starting point of 27 months in prison, Sampson was given a five-month discount for his eventual guilty pleas, arriving at a final sentence of 22 months in prison with leave to apply for home detention if an address was found.  On the representative charge of using the stolen bank card, Sampson was sentenced to five months in prison, to be served concurrently, and ordered to pay $1609.37 in reparation.  Tracy Neal is a Nelson-based Open Justice reporter at 九一星空无限. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.    Tue, 21 Jan 2025 22:04:26 Z /news/crime/killer-street-racing-driver-dylan-cossey-spirals-into-alcoholism-nine-years-on-from-four-deaths/ /news/crime/killer-street-racing-driver-dylan-cossey-spirals-into-alcoholism-nine-years-on-from-four-deaths/ A Hamilton man convicted for his part in an illegal street race that resulted in the deaths of four people drunkenly tried to karate kick a police officer and threatened that he would become his fifth manslaughter conviction. It has been nine years since the crash on State Highway 3, south of Hamilton, when Dylan Cossey and Lance Robinson were racing about 10pm. Police estimated Robinson, who was three times the alcohol limit and had traces of methamphetamine and cannabis in his system, was doing up to 150km/h when he overtook Cossey on a corner and fishtailed into an oncoming van. Dylan Cossey, 27, enters the Hamilton District Court for sentencing on three charges on Tuesday morning. Photo / Belinda Feek Robinson, 28, and his three passengers, Paul De Silva, 20, Jason Ross, 19, and Hannah Strickett-Craze, 24, were killed instantly and the driver of the plumbing van was critically injured. Cossey has since spiralled into what Judge Glen Marshall described as “the grips of alcohol addiction” resulting in his “bizarre” behaviour last year. In the first incident on September 29, Cossey threw milk crates at passing vehicles while standing outside a dairy on Maeroa Rd. A court summary of facts describes him as being in a “moderate state of intoxication”. Police were called and an officer approached Cossey who began yelling, “I’ve got four counts of manslaughter and I want to make you the fifth”. He insisted he knew karate and closed in on the officer until he was right in his face. Cossey began swinging punches then following it up with a karate kick to the face, which narrowly missed the officer. He was then arrested and driven to Hamilton Central Police Station. On the way he tried to headbutt the officer, however, he was able to deflect the strike before it landed. Then, about 5.30pm on December 10, Cossey was outside the victim’s house in the suburb of Maeroa. Dylan Cossey in the dock of the High Court at Hamilton in 2018. Photo / Natalie Akooire She left her house, leaving it unoccupied. Cossey smashed a kitchen window and climbed through, damaging several household items off a table and onto the floor. He then fell asleep on her bed. The victim returned home about 6.15pm to find him asleep and called police. Cossey was in the Hamilton District Court today where he was sentenced on charges of assaulting police, intentional damage, and being unlawfully in a building. ‘You have some serious issues ’ Judge Glen Marshall acknowledged Cossey had been seeking help from the Salvation Army’s bridge programme and Odyssey House as “you obviously need some assistance to follow through with these kinds of rehabilitative programmes”. “It seems very clear that you are in the grip of alcohol addiction and your behaviour is somewhat bizarre, and you have some serious issues.” He agreed to impose a recommendation of intensive supervision — 18 months — which he hoped would “enable you to get the help you so desperately need”. Judge Marshall told Cossey he would judicially monitor his sentence so if there were any hiccups, he would bring him back to court. Lance Robinson. “This is meant to assist you back into the community so make the most of it, Mr Cossey, or I can see your life going downhill further from here.” ‘Gap it bro’ After the crash, Cossey’s front seat passenger Stephen Jones was heard on a video he was taking of the race to yell: “Gap it, bro” and Cossey fled the scene. Cossey was found guilty of four counts of manslaughter, one charge of racing causing injury, and one charge of failing to stop and ascertain injury after an accident. He was sentenced to 12 months' home detention, 400 hours' community work and disqualified from driving for seven years. Jones was found guilty of attempting to pervert the course of justice after he edited incriminating video of the crash, but was found not guilty of manslaughter. The Crown appealed Cossey’s sentence, instead urging the Court of Appeal to issue a jail term. While the Court agreed the home detention sentence was “manifestly inadequate”, it ruled it was too late as by the time they made their determination it was 2019 and Cossey’s home detention was to end imminently. He was also, at the time, halfway through his community work and making good rehabilitative progress. Belinda Feek is an Open Justice reporter based in Waikato. She has worked at 九一星空无限 for 10 years and has been a journalist for 21. Tue, 21 Jan 2025 07:40:48 Z /news/crime/auckland-man-luca-fairgray-on-trial-for-alleged-sexual-conduct-with-13-year-old-girl/ /news/crime/auckland-man-luca-fairgray-on-trial-for-alleged-sexual-conduct-with-13-year-old-girl/ A lawyer representing a man accused of having a sexual relationship with a 13-year-old girl told jury members they need to keep his ADHD and autism diagnoses at the forefront of their minds. Luca Fairgray faces three sexual conduct with a young person charges, two of which are representative, and one charge charge of supplying cannabis. He pleaded guilty to the latter charge at the start of his trial this morning at Auckland District Court but entered not guilty pleas for the sexual offending. The Crown alleges Fairgray and the girl met on a video chat website before moving to SnapChat, where it’s alleged the complainant told him she was 13. Luca Fairgray is accused of having a sexual relationship with a 13-year-old girl. Photo / Dean Purcell Prosecutor Rosemary Hayden in her opening address told the court the pair dated for months and had sex on multiple occasions. Hayden said the complainant, who also has ADHD and autism, became pregnant and Fairgray called a medical centre to arrange an abortion. During that call, the Crown alleges he gave the centre her correct age and lied about his own, saying he was 15. Following the abortion, it’s alleged further sexual activity occurred on at least one occasion. The following month the girl went missing temporarily and police became aware of the relationship between the pair. Fairgray’s lawyer, Susan Gray, told the court his thinking and interpretation of social settings was concrete, and not nuanced like neuro-typical people. Gray argued the complainant had told Fairgray she was 16 and that to him she looked 16. Usually, the burden to prove charges lies with the prosecution, however, in this case the defence do not contest that she was 13 when the sexual conduct occurred. Judge Evangelos Thomas said the jury needed to consider whether, on the balance of probabilities, the accused had a reasonable belief that the girl was 16 and that he took reasonable steps to find out whether she was 16. “He has to prove both of those things.” Sexual connection with a young person under 16 carries a maximum sentence of 10 years’ imprisonment. Supplying a Class C drug carries a maximum penalty of eight years in prison. The trial continues. SEXUAL HARM Where to get help:If it’s an emergency and you feel that you or someone else is at risk, call 111.If you’ve ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:• Call 0800 044 334• Text 4334• Email support@safetotalk.nz• For more info or to web chat visit safetotalk.nzAlternatively contact your local police station - click here for a list.If you have been sexually assaulted, remember it’s not your fault. Katie Harris is an Auckland-based journalist who covers issues including sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020. Tue, 21 Jan 2025 03:11:08 Z /news/crime/whang%C4%81rei-brawler-jailed-for-role-in-violent-bar-fight-leaving-four-injured/ /news/crime/whang%C4%81rei-brawler-jailed-for-role-in-violent-bar-fight-leaving-four-injured/ A night out celebrating a birthday turned into an all-out brawl after a group were set on by three men fuelled by alcohol and intent on a fight with rival gang members. Now, one of the brawlers has been jailed for his role in a fight at the Whangārei nightspot, The Butter Factory which left four injured including a security guard. On July 20, 2024, James Hemi Blyth, 25, was at the bar socialising with two friends when he overheard a conversation from a rival gang member. In a summary of facts released to 九一星空无限, Blyth, a patched Black Power member, became enraged and started the brawl with several patrons who were out celebrating a 30th birthday. James Hemi Blyth became enraged when he heard people talking from a rival gang. The fight spilled out on to the main deck and by this stage, Blyth was shirtless. Blyth was removed from the premises by security and attempted to strike an unknown person with a glass bottle however missed and bent the metal bar fence. Blyth picked up the bottle and swung at a victim, striking him in the head and causing a 1cm gash across his nose which began bleeding profusely. He then attempted to re-enter the establishment, which now had its gates closed to separate the groups, and ripped off a metal fence paling. He then used the paling to strike another victim causing him to fall to the ground. Blyth was charged with two charges of assault with a weapon and one charge of intentional damage and pleaded guilty on Friday at the Whangārei District Court before Judge John McDonald. Blyth requested to be sentenced on the spot and was jailed for 17 months. Two other offenders were also charged with varying assaults on other victims including one who allegedly stabbed a person in the shoulder. The Butter Factory has been plagued by a number of serious assaults over the years. Photo / Denise Piper The Butter Factory is one of Whangārei’s leading live music venues however has been in the spotlight for a spate of fights where patrons have wound up seriously injured requiring hospitalisation. An OIA recently completed by The Northern Advocate found The Butter Factory had 520 police callouts over a 12-month period sparking police to oppose their recent liquor licence application. Manager of The Butter Factory Sheridan Marris told The Northern Advocate in November the bar would continue to offer a free late-night sausage sizzle for customers, and have eight to 10 security guards on nights with events. Its security guards had also started patrolling the nearby carpark to complement the work of CitySafe security guards and welcomed an increased police patrols, Marris said. In December, their liquor licence was granted however their hours have been reduced to closing at 1am. Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined 九一星空无限 in 2023. Mon, 20 Jan 2025 07:56:27 Z /news/crime/takapuna-restaurant-tokyo-bay-staffers-protect-themselves-with-chairs-as-armed-robbers-raid-eatery/ /news/crime/takapuna-restaurant-tokyo-bay-staffers-protect-themselves-with-chairs-as-armed-robbers-raid-eatery/ Armed robbers smashed into Takapuna restaurant Tokyo Bay Japanese on Auckland’s North Shore last night, threatening staff and stealing $400 cash. Staff defended themselves with chairs as the robbers wielded hammers and unidentified sharp objects. Armed police arrived shortly after the alleged offenders fled and are still hunting for those responsible. Staff at a restaurant on Auckland’s North Shore protected themselves with chairs as armed robbers smashed their way through safety glass, made threats and fled with a small amount of cash. Armed police were on the scene shortly after the incident at Japanese Takapuna eatery Tokyo Bay about 9.25pm on Sunday. Tokyo Bay co-owner Mark Smith told the Herald five staff were inside the restaurant at the time, having just closed earlier for the night after a “really busy week”. “They had closed the doors and curtains and all of a sudden, a car pulls up.” Smith said two men exited the vehicle, one wearing a helmet and another wearing a hat and multiple bandannas, fully dressed. Both were armed with various weapons. “You weren’t able to distinguish anything about them, so they were prepared for it,” he said. The men began smashing the safety glass at the entrance to the eatery with hammers before entering, cutting themselves on glass surrounding the door during the process. Tokyo Bay Japanese co-owner Mark Smith cleans up after last night's robbery. Photo / Michael Craig “[They were] wielding sharp objects as well which we’re still yet to identify, but there were screwdrivers lying on the ground and things like that this morning,” Smith said. “[They] very aggressively came in behind the counter and they were looking for cash.” Smith said all five staff inside the eatery were threatened by the armed offenders, who didn’t say much, but demanded cash. “[They were] really, really aggressive and the staff were holding chairs pretty much while they were swinging hammers around.” The pair ripped out the restaurant’s cash float containing $400 before fleeing in the vehicle they arrived in – ignoring the high-end alcohol kept in the restaurant. Smith – who wasn’t at the restaurant at the time, but was called while it was unfolding – said he arrived to see the destruction and armed police on the scene. “[They] made a hell of a mess. Bottles and cans were everywhere, tools were ripped off. Glass was everywhere.” He said staff were badly shaken after the incident, and he stayed with them for a few hours while police took statements. Among those, Smith said, was a Japanese national who had only recently come to New Zealand and just finished her first evening shift at the restaurant. “This is what she is greeted with. It was pure aggression and opportunism.” Smith said the restaurant was fully booked for lunch and dinner on Monday, forecasting they had lost about $10,000 in sales due to the break-in. He had been calling all customers who had booked on Monday to advise of the 24-hour closure. Smith said the restaurant was forced closed on Monday, losing out on thousands of dollars worth of sales. Photo / Michael Craig “Thousands of dollars worth of damage and lost earnings for $400 cash... I feel embarrassed to be a New Zealander sometimes when this is what’s going on. “Emotionally it’s not good for the staff and that’s the main thing, money doesn’t matter. We’re a successful place, we lead the pack and it’s just terrible what’s happened really for the staff.” It would take a while for staff to recover. “Certainly in the last 10 years since we’ve been here, we haven’t seen anything like this before.” Police this morning said they were working hard to find those responsible and appealed for information from the public. “The offenders have taken a number of items before leaving in a vehicle prior to police arrival.” Armed police were at the scene shortly after the alleged offenders fled in a vehicle. Photo / Hayden Woodward Police confirmed the weapons were not firearms and nobody was injured. Smith said police had been conducting forensics on Monday and among evidence at the scene was blood from an assailant after allegedly cutting themselves on the safety glass. An 九一星空无限 photographer said police cordoned off The Strand while they investigated the incident last night. Photos from the scene show glass strewn over the floor of the restaurant from the smashed windows. A staff member from a neighbouring restaurant earlier told the Herald they ushered diners into the back of their premises while the robbery took place next door. “There were a few customers in our restaurant so we closed the doors and moved everyone into the kitchen at the back.” He said one manager from Tokyo Bar came in screaming and crying after the incident, saying they had been robbed and asking for help. Benjamin Plummer is an Auckland-based reporter who covers breaking news. He has worked for the Herald since 2022. Mon, 20 Jan 2025 03:24:29 Z /news/crime/armed-robbers-raid-takapuna-restaurant-police-appeal-for-information/ /news/crime/armed-robbers-raid-takapuna-restaurant-police-appeal-for-information/ Two armed robbers threatened staff at a Takapuna restaurant last night. Police are appealing for public assistance to locate the offenders, who fled with stolen items. No one was injured, and the weapons were not firearms, according to a police spokesperson. A manager of a Takapuna restaurant on Auckland North Shore ran into a neighbouring business crying after armed robbers threatened staff with weapons. Multiple items were stolen from the Takapuna eatery, Tokyo Bay, according to police and those who held up restaurant are still on the run. A staff member from a restaurant next door said they ushered diners into the back while the robbery took place. “There were a few customers in our restaurant so we closed the doors and moved everyone into the kitchen at the back.” He said the manager of the next-door restaurant came in screaming and crying after the incident, saying they had been robbed and asking for help. A police spokesperson said they were called to The Strand at 9.25pm after the two offenders threatened staff with weapons. Police cordoned off a restaurant on The Strand, Takapuna, following a robbery. Photo / Hayden Woodward. The spokesperson confirmed the weapons were not firearms and nobody was injured. “The offenders have taken a number of items before leaving in a vehicle prior to police arrival. “Police are working hard to find those responsible and are appealing to the public for any information which may assist.” A 九一星空无限 photographer on the scene said cordoned off The Strand while they investigated the incident last night. Photos from the scene show glass strewn over the floor of the restaurant from the smashed windows. A St John spokesperson said they were initially called to the incident before being stood down. Police are continuing to hunt for the two armed offenders. Photo / Hayden Woodward. Police are asking for the public’s assistance to find the offenders. Anyone with information is urged to contact the police online at https://www.police.govt.nz/use-105 or via the 105 phone service and quote job number P061336625. Information can also be provided anonymously via Crime Stoppers on 0800 555 111. Sun, 19 Jan 2025 19:29:36 Z /news/crime/auckland-teen-s-heartbreak-over-pack-rape-sentences-says-system-is-messed-up/ /news/crime/auckland-teen-s-heartbreak-over-pack-rape-sentences-says-system-is-messed-up/ WARNING: This story discusses rape and may be distressing for some readers As terror and pain coursed through the body of a teen girl who was being held in a bedroom and repeatedly raped, a young man came in and provided a glimmer of hope. Teina Takimoana sat next to the 15-year-old and asked if she was alright. He comforted her as she asserted she did not want to have sex with the group of males. But as Takimoana turned off the light, all hope he may have been there to save her was extinguished. He pushed her on to her back and raped her too. Takimoana was the third person that evening to rape the girl. Shortly after, his co-offender, Arthur Te Wera, came back into the room, somewhere in Papakura, Auckland, and raped her again. It was the third time that evening Te Wera had raped her but this time, he ordered the then 18-year-old Takimoana and a third offender, who cannot be named, to film the attack. Takimoana and the other man laughed as they recorded Te Wera pulling the girl by her hair and pushing her face into the camera while sexually violating her. But Takimoana’s laughter has now come to an end. In late November, he appeared red-faced and upset as he stood in a dock at Manukau District Court for sentencing on his part of the pack-rape. Teina Takimoana was sentenced in Manukau District Court. Photo / Alex Burton He had unsuccessfully defended one charge of rape at a trial in August. Te Wera, who pleaded guilty to his part, was sentenced in March 2024 and the third offender, charged with one count of rape, was earlier dealt with under the Criminal Procedure (Mentally Impaired Persons) Act. At Takimoana’s sentencing, he was followed into the courtroom by a large group of family and friends, many of whom were also upset and carrying boxes of tissues. After Judge Nick Webby jailed the now 20-year-old for six years, the victim spoke to 九一星空无限 about her heartbreak over the sentence, and how her life was shattered by the events of that evening in July 2022. “The court system is messed up. I went through this hard trial for him to only get six years, what a joke,” the now 18-year-old said. ‘They have completely destroyed me’ The teen found it painful to watch footage during the trial of her police interviews and see how “hurt, weak and emotional” she was at the time. “I turned the volume down on the computer screen and tried to block my ears so hard that it hurt because I couldn’t hear myself on videotape. It was so heartbreaking for me.” The victim described Takimoana, Te Wera and their co-offender as “disgusting, horrible human beings”. “They know what they did to me and they have completely destroyed me. “I hope they pay for what they have done to me. It is sickening and they are evil.” An Auckland teen, who was pack-raped in July 2022, said those involved had "destroyed her". On the evening of July 12, 2022, Te Wera, who knew the victim’s mother through a mutual friend, turned up at their Auckland home and asked the teen to show him around their house. When they got to her bedroom, he sat on her bed, pulled out his genitals and asked her to have sex with him. She refused and then they went to the lounge where Te Wera asked the victim’s mother if he could take the teen to the drag races. Shortly after, the victim was in the car with Te Wera, travelling to what she thought was a car event. But instead of going to the races, he took her to a friend’s home. On the way there, he asked if she wanted to have a threesome with him and one of his associates. Again, she refused. In a shed at the house, Te Wera was drinking alcohol and smoking cannabis when he pulled the victim on to his lap and began to touch her genitals. She tried to push his hands away and cover herself so Te Wera’s associates could not see. The light was then turned off and he raped the girl. One of his associates turned on the light and told him to stop. Te Wera and the others laughed at the teen as she pulled her clothing back on. Te Wera, his associates, including Takimoana, and the victim then left the house and travelled to another address. Takimoana sat in the back with the victim and grabbed her thigh. She was afraid and looked out the window. When they arrived at a house belonging to a woman the males called “aunty”, Te Wera took the teen to a bedroom. The room stank of urine and it was strewn with dog faeces and rubbish. He put her on a bed which was stained and covered in dog hair, and took off her clothes. Despite her telling him “no” he began raping her. She was in pain, felt powerless, “frozen” and too afraid to resist. Arthur Te Wera has been sent to jail after raping the teen three times. Photo / Dean Purcell After Te Wera had finished with the victim, another man, the one who cannot be named, came into the room and raped her. Following this, Takimoana entered and found the teen crying. He briefly comforted her as she told him she did not want to have sex with them, and was being made to feel like a prostitute. But her pleas were ignored. Takimoana then raped the teen before Te Wera returned and committed the act, again, which his friends filmed. Eventually, the prolonged ordeal ended when Te Wera instructed: “Let’s drop this chick off home”. She was back in the car, sitting next to one of the males who had just raped her. They pulled up outside her house and she got out and ran inside to her mother, who phoned the police as soon as the teen revealed what had happened. That night, she underwent a sexual assault forensic examination at the hospital and was given medication to prevent her contracting any diseases. Testing revealed Te Wera and Takimoana’s DNA was present. Premeditated, not impulsive At Takimoana’s sentencing, his lawyer Kelly-Ann Stoikoff asked for his youth to be taken into account and pointed out he had not previously been before the courts. “What happens to him today is going to appear to this young man as a tunnel without light. He will obviously need to adapt himself to his new environment, his family will have to adapt to what will occur today,” she said. “It can only be hoped, Your Honour, that he will come to a place where he won’t see this as the end of the world, which a young man is bound to do, Your Honour, and which his partner and his mother will do.” Judge Webby said Takimoana, who sat in the dock facing the wall, seemingly to avoid the media permitted to photograph him, had initially told police he never had sexual contact with the teen, that she was lying and she “belonged to the streets”. However, when the DNA results came back they proved that was not the case. “You were effectively caught out in that lie.” The judge said that evidence resulted in him changing his story at trial. “You said the sex you had with her was consensual. Clearly, the jury rejected your account.” The case was heard at Manukau District Court. Photo / 九一星空无限 While the judge allowed for Takimoana’s age, previous clean record, background factors and noted Te Wera’s offending was more serious, he said Takimoana had not shown any remorse and his offending was “premeditated rather than impulsive”. “It is not offending that arose from momentary loss of self-control that can feature in youth offending. You raped her after two others did.” He described the sexual offending against the victim as repeated, prolonged and degrading. As Takimoana was being taken out of court to begin his jail term, sobbing could be heard from the gallery where his family called out, “love you my brother,” and, “stay strong brother”. At Te Wera’s earlier sentencing, the court heard how he had expressed shame for his actions but also blamed the teen for the sexual offending. “It takes two people,” Te Wera said from the dock, causing concern for Judge Ngaroma Tahana who rejected that he was remorseful. In sentencing the now 25-year-old, Judge Tahana referred to a pre-sentence report, which showed the comment made by Te Wera, who has “gang family” tattooed across his head, was consistent with what he had told the report writer. “You’d said you didn’t know how old the victim was and that you thought she was older because of how she dressed and spoke. “You also said she was interested in a relationship and you were adamant to the report writer that this was consensual. “That is at odds, Mr Te Wera, with your apology letter where it says you are ‘sincerely sorry and disgusted’.” Judge Tahana balanced the harm caused to the victim and her vulnerability, the premeditation, and the scale of the offending, with Te Wera’s guilty pleas, his “unfortunate background,” and his youth, despite acknowledging he was “not legally a youth”. On one charge of unlawful sexual connection and three counts of rape, he was sentenced to seven years and nine months’ imprisonment. Moving forward The teen spoke to 九一星空无限 about her disappointment with the justice system, saying she felt the sentences were too light. “No wonder girls are too afraid to speak up and try to get justice when there’s a court system that does not care about the victims and gives these rapists such little sentences. “They get provided more help, support and counselling in prison than what I get.” She described herself as once being bubbly and outgoing. Now, she feels stripped of her dignity and self-respect and lives in fear. “My childhood was taken away.” As the teen tells her story, she gets upset when recalling how she willingly left her home to go with them. It is a move she struggles to explain. There was an element of feeling she had to go with them, and she was also lonely and angry at the time. Her mother was there when the teen left with Te Wera and said she had no issue with it at the time. While the teen acknowledges what happened was no fault of her own, she vehemently regrets getting into the car that day. “I hate myself for it.” But she has not lost all hope. The teen is continuing to focus on her own healing. Now she is relocating from Auckland and working towards a new career to help leave “all this” behind. “That will be the only thing I’m looking forward to now, creating new memories and moving away from this past. “Though I’ll never forget what they did, I’ll keep trying.” SEXUAL HARM Where to get help:If it's an emergency and you feel that you or someone else is at risk, call 111.If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:• Call 0800 044 334• Text 4334• Email support@safetotalk.nz• For more info or to web chat visit safetotalk.nzAlternatively contact your local police station - click here for a list.If you have been sexually assaulted, remember it's not your fault. Tara Shaskey joined 九一星空无限 in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues. Sun, 19 Jan 2025 01:02:27 Z /news/crime/silent-masked-trio-beat-parents-3yo-with-bat-after-forcing-way-into-epsom-motel/ /news/crime/silent-masked-trio-beat-parents-3yo-with-bat-after-forcing-way-into-epsom-motel/ Three men were sentenced to prison for a violent motel room invasion involving a mother and her toddler. Judge Simon Lance emphasised the bravery of the mother, who shielded her child during the attack. The defendants were described as “collateral victims” in a “home invasion for hire” targeting the woman’s ex-husband. An early childhood educator who leapt on top of her toddler son as three masked strangers forced their way into her Epsom motel room in the middle of the night – trying her best to shield the child as the men delivered blow after blow with a Samoan cricket bat – says she still struggles to come to terms with the bewildering, nightmarish scenario. The men remained silent throughout the attack, leaving suddenly and without a word after the bat split in two. “The face of my 3-year-old son screaming ... will be forever etched in my mind,” she said in a victim impact statement that was read aloud in the Auckland District Court today as co-defendants Miracle Sau, 22, Johel Vui, 20, and Emmanuel Pritchard, 23, appeared together for sentencing. By the end of the hours-long hearing, all three were sentenced to prison despite pleas from their lawyers for mercy due to their youth and their relatively clean records. “What occurred that night must have been a terrifying experience,” Judge Simon Lance noted, emphasising that the incident could have easily resulted in death had luck not been on everyone’s side. “[The boy’s mother] was brave and resilient. She took the brunt of the attack.” Co-defendants (left to right) Johel Vui, Miracle Sau and Emmanuel Pritchard were in the Auckland District Court for sentencing a year after violently attacking two adults and a child in a "home invasion for hire". Photo / Michael Craig One of the defendants yelled an obscenity at the judge after learning they would be sent to prison, but only after he was out of eyesight from the bench – having already been led by security out of the courtroom through an open side door that leads to a holding cell. To this day, the mother said, she still does not know why she was targeted. In an interview with the Herald immediately after the attack, the family wondered if it might have been a case of mistaken identity. But prosecutor Ryan Benic described the incident today as a case of “home invasion for hire”, with two of the three defendants admitting they didn’t know the victims but had been offered a total of $1500 in exchange for intimidation. The third defendant said he wasn’t offered any money but went along to help, also not knowing the victims personally. As for why they were enlisted in the first place, authorities were told only that the woman’s ex-husband – also in the motel room that night – was thought by the person who hired them to have disrespected his family. None of the defendants would identify the mystery person who bankrolled the “hit”. Defence lawyers described the mother and child as unfortunate “collateral victims”. Court documents state the trio arrived at Oak Tree Lodge on Great South Rd about 11.35pm on January 10 last year. The woman had recently moved to the motel, which operates as transitional housing, after falling on hard times, a family spokesperson previously said. She had asked her ex-husband to stay with her and the child, sleeping in the room’s other bed, because she was frightened after frequent fights, drug use and screaming among neighbours, the family said. As the trio approached, Vui was armed with the 1.5m bat, otherwise known as a kilikiti, and Sau held a machete. Prichard was unarmed. They knocked on the door, waking the mother and rousing the boy’s father from bed. Documents state the father opened the door but left the security chain attached, then quickly slammed the door shut and locked it upon seeing the trio and their weapons. “The defendants began smashing the window in the door using the kilikiti and the machete,” according to the agreed summary of facts for the case. “Once the glass was smashed, the three defendants entered the room.” “My baby, my baby!” the woman yelled as she pushed both her ex and her child on to the bed and jumped over them to protect them. The blows were inflicted on the family for less than 30 seconds before the bat broke, but during that time the woman was struck multiple times. Her ex was hit on his hand and her child was hit on his leg, suffering swelling to his thigh and knee as well as a 3cm gash from the broken glass. A 3-year-old and his parents were bashed with a cricket bat by men who burst into their transitional housing motel room in Auckland a year ago. “The force of the blows was sufficient to break the bat in two, spraying splinters of wood across the room,” police noted in the agreed facts. As the three ran from the lodge, the mother chased after them. A police dog handler patrolling the area also saw them run to their vehicle. They were followed to Otahuhu, where all three were arrested. The woman said in her victim impact report that before the attack she had been a confident, outgoing social butterfly but now fears going out because she might run into the defendants. The 39-year-old was and remains a proud and protective mother who had struggled with infertility for about a decade before giving birth, she said. “You instilled a fear in me so strong I thought we were going to die that night,” she said, adding that she hoped the defendants would receive a harsh punishment. “Something must be wrong with you” to have targeted a child, she said, adding: “What you did is not okay.” Judge Lance ordered a sentence of three years and 10 months for Sau, who organised the attack and who was described in a pre-sentence report as having shown “barely discernible” remorse. The other two were handed sentences of three years in prison. Defence lawyer Lincoln Burns, representing Sau, said his client’s alleged indifference had been misinterpreted in the report. He works in security and has “an instinctive way of hiding his emotions”, he said. “Unfortunately, [the mother] and the child are collateral victims of what happened here, but they weren’t targeted by Mr Sau,” Burns said. The judge responded: “They didn’t have to hit [the mother]. They chose to hit her.” Burns acknowledged that the situation quickly got out of hand. “It was dark [in the room] and it was an unfocused, violent but brief attack,” he said, noting that his client confessed immediately after his arrest. Vui, who wielded the bat during the attack, also regretted his involvement, said his lawyer, Matthew Goodwin. “He says he didn’t intend to hit the child,” Goodwin said, describing the youngest victim as having been “somewhat caught in the crossfire” after Vui thought he saw the father reach for something in his pocket. Vui said he agreed to participate because his grandmother had recently died and he was trying to raise money for her funeral. He had been offered $500. He was a hard worker and regular church-goer who received letters of support from the congregation and his bosses, his lawyer said. Co-defendants (left to right) Johel Vui, Miracle Sau and Emmanuel Pritchard have been sent to prison for the attack. Photo / Michael Craig Pritchard was described by his lawyer, Antonio Spika, as the last person to enter the motel room and the first one to leave. He was unarmed. But the judge pointed out he didn’t do anything to stop his co-offenders. Each man faced a sentence of up to 14 years imprisonment for one count of aggravated burglary, up to five years for two counts each of assault with a weapon and up to two years for assault on a child. “This attack has had an ongoing – not only physical but psychological – effect,” the judge said of the protective mother. “She was obviously terrified as were, no doubt, members of her family. “... This was a vicious attack at night by three young – but big and imposing – men.” Every member of that family, but especially the child, had a right to feel safe in their room, the judge added before handing down the sentences. Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand. Fri, 17 Jan 2025 05:19:34 Z /news/crime/man-charged-with-murdering-thames-man-maxwell-connor-appears-in-kait%C4%81ia-court/ /news/crime/man-charged-with-murdering-thames-man-maxwell-connor-appears-in-kait%C4%81ia-court/ The 28-year-old man charged with murdering 60-year-old Maxwell Connor in Thames earlier this week has appeared in court. The accused was granted interim name suppression at the hearing in the Kaitāia District Court today and was remanded into custody. He was arrested on Wednesday in the Far North following an alleged incident on Rolleston Street, Thames, on Monday at about 3.40pm. Connor was taken to hospital following an alleged altercation but died overnight. He was reportedly a well-known member of the Coromandel community who had an unforgettable laugh recognisable from a distance. A fundraising page set up to assist with funeral costs described Connor as a welcoming guy who loved to play pool at his local pub. The murder suspect has appeared in the Kaitāia District Court. Photo / File On Tuesday, a section of Rolleston St was cordoned off by police with a gazebo erected outside a property. A nearby resident said the house police were investigating had been renovated “a couple of months ago”. “It’s not a rough area, it’s just the odd house which gets rough people,” he said. The daughter of a woman living near the property said her mum heard “loud yelling” on Monday afternoon. The woman didn’t hear anything specific, but she told her daughter it was a shared driveway with new tenants, who played music “very loudly”. Detective Senior Sergeant Kristine Clarke said police still wanted to hear from anyone who saw the alleged altercation. Anyone with information can phone police on 105, or contact them online, and reference the file number: 250113/5723. Clarke said their thoughts were with the whānau of Connor at this time. The accused will next appear in the High Court at Hamilton on February 4. Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined 九一星空无限 in 2023. Thu, 16 Jan 2025 03:29:32 Z /news/crime/social-media-influencer-david-pegler-aka-david-grr-revealed-as-serial-sex-offender/ /news/crime/social-media-influencer-david-pegler-aka-david-grr-revealed-as-serial-sex-offender/ David Chai Pegler, a former social media influencer better known as David Grr, has been identified as a serial sexual predator. Pegler is two years into a nine-year prison sentence for abusing two teen boys but until today he has had name suppression. The long-awaited suppression lift comes after he pleaded guilty to a new charge involving another accuser. WARNING: This story discusses sexual abuse and may be upsetting for some readers. A former social media influencer who has managed to keep his criminal charges secret for almost five years, despite multiple convictions confirming accusations he was a serial sexual predator, can finally be identified as David Chai Pegler. The 37-year-old - formerly known for his fashion-related posts, photography and society event appearances under the moniker David Grr - appeared via audio-visual feed in Auckland District Court today as he was sentenced for the abuse of a friend who woke up one night in 2007 to find Pegler performing a sex act on him. He pleaded guilty to that charge, punishable by up to 20 years imprisonment, late last year. But Pegler was already in prison, serving a nine-year sentence that was handed down in the High Court at Auckland in 2022 after a jury found him guilty of abusing two other teen boys on separate occasions. At the time, the media was allowed only to refer to him in broad terms as an influencer, barred even from mentioning the fashion niche in which he operated, until his sentencing later that year. The suppression was extended when he requested to challenge the sentence with the Court of Appeal and extended again when he attempted to challenge the Court of Appeal decision via the Supreme Court. The appeal process, however, was ultimately unsuccessful. ‘Not consensual’ Pegler first appeared in court on the charges for his first two victims in February 2020, accused of offending over the four years prior. His High Court at Auckland trial began in August 2021, but it had to be aborted after more than a week of evidence due to the nationwide lockdown caused by the emergence of the Covid-19 Delta variant. A new trial was started in May the following year. The man’s first accuser told police and later jurors that he first met the defendant in 2015, when he was 16 and trying to make headway in the fashion industry. Despite Pegler being in his late 20s, the two became close friends and social media messages showed they were flirtatious at times. But the teen also clearly told the defendant that he wasn’t gay and didn’t want anything other than friendship, Facebook Messenger exchanges showed. David Pegler, aka influencer David Grr, appears in the High Court at Auckland for sentencing on multiple sexual abuse charges in October 2022. His identity was kept secret for the following two years as he disputed the outcome to the Court of Appeal and Supreme Court. The appeals were ultimately unsuccessful. Photo / Michael Craig “Bringing up these things wasn’t anything I was ever going to do. It was excruciating,” the victim testified. “I originally came forward because I got to the point where I didn’t want to have this happen to someone else. This was eating away at me quite corrosively.” Pegler would later enter the witness box and describe the accuser as a liar and a “tease” who was using him to get ahead. He said the accuser had been exploring his sexuality at the time and as a result would give mixed messages. He denied having spiked the teen’s drinks on two occasions. He also denied blackmailing the teen by threatening to destroy his reputation or release nude photos if the teen didn’t relent to sexual acts. All sexual acts between the two of them were consensual, he told jurors. Pegler disagreed with prosecutors that there was a power imbalance between the two because of their ages, his success as a fashion personality and the parties he attended with New Zealand’s social elite. If anything, he said, it was the teen who was “street smart” and “wanted to get ahead”. Pegler’s second accuser at the same trial said he was 18 years old when he twice woke in the defendant’s bed after nights of heavy drinking to find the defendant performing a sex act on him. Like the other accuser, he also acknowledged some flirtatious behaviour with the defendant but said he wasn’t gay and insisted he never gave consent for any sexual acts. David Pegler, also known as social media influencer David Grr, was often spotted at fashion industry events such as this Trelise Cooper Summer Collection showcase in Newmarket in 2012. Photo / Norrie Montgomery “Flirting with someone is not an invitation to [let someone perform sex acts on] you while you’re asleep,” then-prosecutor Sam Teppett would later retort during his closing address. “The word ‘no’ didn’t comprehend in his brain. “What he did was not consensual.” Jurors agreed, returning guilty verdicts for five counts of sexual violation by unlawful sexual connection involving both accusers. Pegler was acquitted of one count of sexual violation, along with three counts of blackmail and two counts of aggravated wounding by stupefaction. “Your offending included that of the most intrusive kind,” Justice Rebecca Edwards would later say at his sentencing in Oct 2022. “Your victim was vulnerable, you assaulted him while he was heavily intoxicated and asleep and defenceless.” Appeal over third accuser Until now, the media have also been restricted from reporting that Pegler had a third accuser who testified against him during the 2022 trial. That testimony, and the judge’s instructions to the jury that followed, were the basis for his conviction appeals. The third complainant, referred to in court documents only as “K”, said he had been victimised in 2011. Like the others, he described waking up after a night of drugs and alcohol to find Pegler sexually abusing him. Although his allegations were not the basis for the trial, his recollections were used by the prosecution as propensity evidence - intended to show a pattern of behaviour. Pegler had been found guilty by a district court jury in July 2015 of sexual violation of K by unlawful sexual connection and was sentenced to 10 months home detention. But that conviction was overturned on appeal on the basis of new expert evidence about “confabulation” - false memories that can result from excess alcohol and drug use. David Pegler, aka influencer David Grr, appears in the High Court at Auckland for sentencing on multiple sexual abuse charges in October 2022. His identity was kept secret for the following two years as he disputed the outcome. Photo / Michael Craig On the morning of a judge-alone retrial in March 2017, the Crown opted not to present evidence rebutting the expert witness and the defence asked the judge to dismiss the charge. The request was granted, resulting in Pegler’s deemed acquittal. Around that time, Pegler also was granted permanent name suppression. Previous media reporting about the charges against him were ordered removed from the Internet, although the previous case appeared to remain an open secret mentioned frequently on less stringently regulated social media. “The status of the District Court [permanent suppression] order is unclear in light of the trial and convictions on the [subsequent] charges and the interim suppression orders presently in place and because it was not addressed by counsel in the submissions to this Court,” the Court of Appeal noted in its 20-page decision last June rejecting Pegler’s appeal. “We have assumed that the earlier permanent suppression was overtaken by the later interim orders and that the appellant accepts he is no longer entitled to suppression in relation to the K allegations...” Citing a UK Supreme Court case, Pegler’s appellate lawyer, Nick Chisnall KC, had argued to the Court of Appeal that Justice Edwards had improperly instructed the jury about the necessary standard of proof for the propensity evidence ahead of their deliberations. The standard should have been beyond reasonable doubt, just as it was for the accusations Pegler was on trial for, Chisnall said. He also argued that the jury should have been told the reason for the deemed acquittal, specifically the confabulation expert evidence. The Court of Appeal ultimately disagreed, noting that New Zealand law has “taken a different course”. “In short, the [High Court] Judge’s directions complied with the settled law and involved no error,” Justice Jill Mallon wrote on behalf of the three-judge panel. Four months later, in October last year, a Supreme Court panel issued a five-page judgment declining Pegler’s request to argue the case one last time before them. “This proposed ground has insufficient prospects of success to warrant a second appeal,” the justices wrote. “Nor does anything raised by the applicant give rise to the appearance of a miscarriage of justice.” Fourth accuser comes forward Under normal circumstances, the Supreme Court decision would have meant the end of Pegler’s long-lasting suppression. But because a new charge involving a fourth accuser had been filed earlier in the year, his identity was protected until the new case was settled. Under the Criminal Procedure Act, the media is automatically barred from reporting details of a defendant’s previous convictions while serious charges remain pending unless given explicit permission from a judge to do so. The law is intended to protect a defendant’s fair trial rights. That restriction has now fallen away, however, after Pegler pleaded guilty to the latest charge. David Pegler attends the Children of Vision Launch at Auckland's St Kevin's Arcade in March 2009. Photo / Norrie Montgomery According to the agreed summary of facts for the case, Pegler and the victim were friends in 2007 and the victim - a teenager who had recently finished high school - spent the night at Pegler’s family home in Remuera while visiting Auckland to attend a concert. “One day that week, Mr Peglar and [the victim] were at Mr Peglar’s home ... along with three other female friends, for a BBQ and general socialising,” state the court documents, which adopt an alternate spelling of the defendant’s surname. “Later that evening, Mr Peglar, [the victim] and two of the three female friends went to sleep in Mr Peglar’s room. [The victim] was asleep by himself on a mattress on the floor.” When he woke up to the abuse, the victim rolled over so that the act couldn’t continue but pretended to still be asleep. “Mr Peglar quickly stopped and fled back to his own bed,” court documents state. Peglar would later claim, as he did with his other accusers, that the act was consensual. ‘Betrayal cuts deep’ During today’s hearing, Crown prosecutor Kate Haszard strongly opposed the insinuation that the latest victim had invited the activity. Judge Kevin Glubb agreed, declining to allow a discount for remorse as a result. “You have attempted to victim blame, in essence,” he said. “I set that aside entirely.” The victim, now a married father of three, said he struggled for years to come to terms with what happened at the hands of someone he looked up to and trusted. “The betrayal cuts deep,” he said, explaining that for many years he was “unable to shake the feeling that those closest to me would harm me”. He wasn’t seeking revenge, he said, but after years of trying to forget and minimise the incident he needed to stand up for himself and let Pegler know that what he did was not okay. “I have the right to heal and be heard,” he explained. “The harm David has caused goes beyond the physical - it has quite literally shaped my life.” Defence lawyer Susan Gray sought a two-year starting point for her client, noting that the imposed sentence would be served on top of the nine years he’s already serving. She sought discounts for his guilty plea, background, youth at the time of offending and remorse. “He has suffered trauma and ongoing bullying and racism,” she said, explaining that her client still suffers PTSD. Pegler has recognised the harm he has caused and has sought therapy while in prison, she pointed out. In a report prepared for Judge Glubb ahead of the sentencing, Pegler was assessed as beinga high risk of causing harm to others and a moderate risk of re-offending. He noted that the victim had looked up to Pegler as someone of influence, and that the ripples of such offending reach out “wide and long and they cannot be underestimated”. But he also noted that he had to take into account Justice Edwards’ High Court sentencing in 2022 and try to determine what her uplift would have been had she known about the current case. He settled on an uplift of 10 months, making his new combined sentence nine years and 10 months imprisonment. Pegler will have to serve at least one-third of the sentence before he can begin to apply for parole. The judge encouraged him to continue his therapy in the meantime. ‘When terrible people get their comeuppance’ Before his first arrest in 2014, Pegler was frequently seen out at fashion showcases and high-society gatherings. The Herald on Sunday described him as a “self-styled man about town”. But his most high-profile moment had been when he got into an online feud with then-17-year-old Lorde, who at that time was still grappling with her newfound international stardom. On his Facebook page, he had posted an unflattering photo of her at the beach, resulting in vitriolic comments from followers that got the singer’s attention. She asked him to take it down and he did. David Pegler, also known as social media influencer David Grr, attends the Launch of Among Equals event at Cotton On in Newmarket in September 2016. Photo / Norrie Montgomery In a teen magazine months later, Lorde revisited the incident and said she was surprised at how stressful it was to her. Pegler responded by advising the singer to “harden up”. “If she takes everything personally she’s going to be a wreck by the end of the year,” he said. The singer eventually got in the last word. On the same day in 2014 that police publicised details of Pegler’s arrest, she tweeted to her many followers: ``when terrible people get their comeuppance’‘. Pegler’s once-thriving Instagram account, from which he made money through sponsored posts, is now private but he still has just under 60,000 followers. Even as his legal troubles came to a head in past years, he continued to grow his online profile, taking advantage of the court suppression orders so that most internet searches resulted in his own promotion. He posted a picture of himself walking along a beach in July 2021, one month before his first High Court trial. Another beach photo was posted the following October after the trial was aborted by Covid. “Life’s always better at the beach even if the world is falling apart,” he wrote. His online posts have been dark, however, since April 2022 - one month before the trial that would result in his imprisonment. “His offending has destroyed his career which he spent many, many years building up,” his lawyer explained today. Craig Kapitanis an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand. Sign up to The Daily H, a free newsletter curated by our editors and delivered straight to your inbox every weekday. SEXUAL HARM Where to get help:If it's an emergency and you feel that you or someone else is at risk, call 111.If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:• Call 0800 044 334• Text 4334• Email support@safetotalk.nz• For more info or to web chat visit safetotalk.nzAlternatively contact your local police station - click here for a list.If you have been sexually assaulted, remember it's not your fault. Thu, 16 Jan 2025 03:25:14 Z /news/crime/thames-homicide-neighbours-say-foul-language-threats-heard-before-man-s-death/ /news/crime/thames-homicide-neighbours-say-foul-language-threats-heard-before-man-s-death/ Thames residents have described hearing foul language and threats in the vicinity of an address at the centre of a homicide investigation. Police launched the investigation after the death of a man in Thames yesterday. A nearby resident said his neighbour told him he heard foul language yesterday afternoon and threats, including the words, “I’m going to rape you”. The resident said the house police were investigating had been renovated “a couple of months ago”. “It’s not a rough area, it’s just the odd house which gets rough people,” he said. “You get it in every town.” A street in Thames is currently cordoned off by police with a gazebo erected outside a property. The resident who has lived in the area for four years, said he heard about the police investigation first thing this morning. “The house was taped off. It was about 7.30am.” The daughter of a woman living nearby to the property being investigated said her mum heard “loud yelling” from about 4pm yesterday. The woman didn’t hear anything specific about the yelling, but she told her daughter it was a shared driveway with new tenants, who played their music “very loudly”. “That’s not unusual for that place though, there’s a couple of state houses down there that are all as bad as each other, and the police is always there.” After the yelling, her mum saw police cars soon after, and then officers went around the street to let residents know they’d be staying overnight. This morning, her mum said detectives were seen “looking over fences and making sure nothing was chucked in people’s front or backyards.” Police were called to an altercation at a residential address on Rolleston St about 3.40pm on Monday where a man was found with moderate injuries. The man was taken to Thames Hospital where his condition continued to decline and he died overnight, police said this afternoon. Detective Senior Sergeant Kristine Clarke said police were seeking a person of interest and those involved were believed to be known to each other. “Police do not believe there is any ongoing risk to the wider community. A street in Thames is currently cordoned off by police with a gazebo erected outside a property. “Inquiries into the full circumstances of what occurred remain ongoing and a scene examination is under way at the address,” Clarke said. “Police are appealing for anyone with information to come forward, in particular we would like to hear from anyone who witnessed an altercation in Rolleston St around 3.40pm on Monday afternoon. “If you have any information, please contact police via 105 either online or over the phone referencing file number: 250113/5723.” A section of Rolleston St in Thames was currently cordoned off by police with a gazebo erected outside a property. A photo posted to social media shows a police vehicle blocking the street. A police spokesman said there was a police presence in the area. Police staff can also be seen in the photo outside the property. Tue, 14 Jan 2025 05:10:19 Z /news/crime/taup%C5%8D-fisherman-solomona-te-fono-jailed-for-violent-assault-on-masseuse-in-nelson-motel/ /news/crime/taup%C5%8D-fisherman-solomona-te-fono-jailed-for-violent-assault-on-masseuse-in-nelson-motel/ Solomona Te Fono was sentenced to two years and three months in prison for assaulting a masseuse. Te Fono attacked the woman in a Nelson motel after she refused to refund him. Judge Jo Rielly described the assault as “sustained and gratuitous” over money and unmet demands. A masseuse attacked by a man after she refused to give him a refund said the “furious and violent” assault in a motel room late one night had altered her life in ways she could never have imagined. Taupō-based former deep-sea fisherman Solomona Te Fono was 19 at the time and his victim was a woman in her 60s. Now, on the brink of turning 21, Te Fono has gone to prison for two years and three months. He hung his head throughout sentencing in the Nelson District Court today on charges that arose from the assault in a Nelson motel room in September 2023, including threatening to kill, injuring with intent and robbery. Judge Jo Rielly described it as a “sustained and gratuitous attack” over some money and his victim not doing what Te Fono wanted her to do. He claimed to have little recall of what happened. Judge Rielly was concerned that his probation report noted his continued “staunch attitude” which defence lawyer Ian Miller described as “bluster” fairly typical of young men such as Te Fono. The victim who has since left New Zealand and returned to her home country said the “furious and violent” assault had left her traumatised, feeling helpless and distraught. Assault in a motel On September 6, 2023, Te Fono was 45 minutes into an hour-long massage when he decided it wasn’t for him and wanted a refund. When the masseuse said no, Te Fono attacked her by punching her around the head and face before threatening to kill her in the motel room for which he’d paid $600, massage included. The police summary of facts said Te Fono had been drinking in a central Nelson bar when he phoned the masseuse just after 2am and organised to meet for a massage. He got the woman’s phone number off a website where she had advertised her service. Around 40 minutes later, he arrived at the room where the pair agreed on the terms of the hour-long massage, after which Te Fono would be allowed to stay in her room until 7am. Te Fono gave her $200 cash and transferred $400 to her bank account. After 45 minutes he asked for a refund, and when told that was not part of the deal, Te Fono began yelling at her. As he approached a drawer where the masseuse kept about $1200 cash, she grabbed the money and put it in her pocket. She refused to hand it over and Te Fono began to beat her, using both hands to punch her in the face and head multiple times, with closed fists. She yelled for help and tried to cover her head with her hands as Te Fono punched her heavily, hitting her in the head and on her hands. He then put his hands around the woman’s neck, prompting her to claw at his hands. Te Fono released his grip on her; she took the money from her pocket and handed it over. He then pushed the woman into the motel room bathroom and told her to stay there as he shut the door. As he was leaving, he noticed the woman had peeked through the door to check he had gone. Te Fono returned to the bathroom, pushed her back in and told her he would kill her if she stepped out. She believed him so she remained in the bathroom and called the motel manager for help, as Te Fono ran from the premises with her money. The woman, who had bruising and swelling all over her face, head and hand, plus abrasions and red marks around her neck, was taken to hospital and treated for her injuries. She suffered headaches for several days and experienced sensitivity to sound, which the police said were common symptoms of concussion. She claimed to have suffered significant damage to her teeth which cost thousands of dollars to repair, but police were unable to verify the claims and therefore no reparation order was possible. Drinking and driving Te Fono was also sentenced today on a drink-drive charge in Taupō while he was on bail awaiting sentence on the violence matters. On the night of December 4 Te Fono had been drinking with a friend and was on his way to takeaway outlet Popeyes Chicken when he thought it might be “cool” to drift his vehicle by putting on the handbrake while driving at speed. He lost control of the car, crashed into a fence and then ran from the scene, but was found later to have been driving over the limit with a reading of 531 micrograms of alcohol per litre of breath. Judge Rielly was concerned that he seemed to have little understanding of the seriousness of what he had done, and despite claiming he was “disgusted and ashamed” of his behaviour, that was likely because of the situation in which he had found himself. From a starting point of three years and six months in prison, Te Fono was given credits for his guilty pleas, his youth and in recognition of his offer to pay back the $1200 he had taken to arrive at a prison term of two years and three months. A release date will be set by the Parole Board. Tracy Neal is a Nelson-based Open Justice reporter at 九一星空无限. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail. Tue, 14 Jan 2025 05:06:35 Z