Clean sweep of guilty verdicts in Mob trial
After delivering a clean sweep of guilty verdicts in a Mongrel Mob gang attack trial, a Christchurch District Court jury has been told of the three men’s history of violence.
The jury rejected the men’s claim that they had gone to a former gang president’s home in New Brighton in friendship, for a beer and a talk after he had resigned and handed back his gang patch.
In the fracas that followed, the ex-president was bashed three times in the head with an axe, his two teenage sons who tried to intervene were assaulted with weapons, and the victim’s car and Harley Davidson motorcycle parked in the driveway were smashed.
The jury considered its verdicts for about four hours after retiring when Judge Alistair Garland finished his summing up on Monday afternoon. The trial lasted nine days.
Judge Garland convicted the men on a total of 15 charges, including the jury’s 13 verdicts and two guilty pleas on intentional damage charges which were put in on the trial’s first day.
The Crown case, presented by Anselm Williams, was that the three men had travelled up from Timaru, where they are involved with the Notorious chapter of the Mongrel Mob, with a common purpose to harm the ex-president and damage his property.
The defence case – all three accused gave evidence – was that they wanted a friendly talk and were surprised by the reaction of the householder which led to the fracas outside his house.
The ex-gang president was hospitalised with head injuries after being hit on the head three times with the blunt end of a tomahawk.
Judge Garland read the three men a first strike warning under the system that imposes heavier penalties on repeat violent offenders, and remanded them in custody for sentence on December 16. He called for pre-sentence reports and asked for restorative justice meetings to be considered.
He also asked the Crown to hand up the men’s criminal histories and read the details to the jurors before discharging them. He told the jurors: “I thought you would be interested to know at this stage of the proceedings, now that you have made your decisions.”
He said that Tamati Jon Hetariki, 35, had a history littered with assaults, possession of offensive weapons, intimidation, and fighting.
Kyle Peter Livesey, 29, had a significant history with convictions for violence, including wounding with intent to cause grievous bodily harm, and a recent conviction for aggravated robbery.
Clinton Benjamin Simon, 31, had convictions for fighting and assaults, but had a less significant list than the other two.
Hetariki is the “captain” of the Notorious chapter in Timaru. Simon is a gang prospect.
They have now all been convicted of wounding the ex-gang member with intent to cause grievous bodily harm, assault with a weapon on his two teenage sons, and intentionally damaging the car and motorcycle.
Tim Fournier appeared as defence counsel for Hetariki; Nick Rout and Kiran Paima for Livesey; and Lee Lee Heah for Simon.
Category: Focus
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