October 14, 2008

Vietnam War effects cited as veteran sentenced

Sixty-three-year-old Vietnam War veteran George Taiti Pokoina stood at attention in the dock to receive his sentence on three indecency charges involving young girls.

The colonel who was his commanding officer came to court to support him and also wanted to stand at attention among the public seats, but Christchurch District Court Judge Michael Crosbie convinced him to sit for the sentencing.

Pokoina wanted to stand all through it as well, but Judge Crosbie also convinced him to sit while he read out the comments about the violence and intensity of the old soldier?s experience as a young infantryman.

Pokoina had pleaded guilty to the three charges: two of indecent assault, and one of inducing an indecent act. Three different girls were involved, and all of them were aged under 12 when the offending occurred on dates from 1998 to 2004.

Judge Crosbie did not give details of the offending, except to say that most of it ?involved kissing which must be characterized as being in an inappropriate manner?.

There was no doubt that all three girls had been affected by his behaviour and their victim impact statements made sad reading. They were now aged 13, 15, and 16.

Prosecutor Deirdre Elsmore said the crown saw the offending as part of a pattern of behaviour and did not support a sentence of home detention. Because of Pokoina?s poor health, he spent most of his time at home anyway.

Defence counsel Paul Johnson said he accepted the recommendation of intensive supervision was not realistic, but he thought home detention was appropriate. He also handed in the reference from Pokoina?s former commanding officer.

Judge Crosbie said: ?Your former commanding officer literally is here to stand beside you today.? ?He notes that you served your country as a frontline infantryman and saw much violence, and coped with the death of comrades at the young age of 21 years. The intensity of that experience has had a profound and long term effect on you.?

Pokoina was receiving a disablement pension.

The colonel said the charges against Pokoina must be weighed against the real substance of his life and his contribution to society.

?He says as a grandfather himself, he feels the horror of the charges you face but that does not prevent him standing alongside you.?

Judge Crosbie noted that Pokoina?s previous conviction for assault dated back 24 years. His only conviction since was for drink-driving 11 years ago.

A doctor?s report showed Pokoina was suffering from anxiety depression, osteo-arthritis of the spine, chest pains and seizures, vertigo and hypertensive disease.

He said the sentencing needed to be about deterrence. ?It is about sending a strong and consistent message to society generally that this type of conduct, which society condemns, will be met with a significant sentence.?

He said Pokoina?s remorse and his health problems, and the fact that the offending was ?at the lower end of the scale? convinced him that he could use his discretion and impose a home detention sentence rather than imprisonment.

He imposed a term of one year?s home detention.