GANG member Akutina Waitohi Mihinui Toa savagely beat a woman while she was filling up her car at the Z petrol station in Kawerau.
On June 4 at about 10pm Toa, a patched Mongrel Mob member, was at the petrol station with a group of his friends when he attacked the woman.
He punched the woman several times with a closed fist and with such force that she was forced over the top of the door of the car.
He did not know the woman at the time and his only excuse was that she had been cheeky to him.
He pleaded guilty to assault with intent to injure, disorderly behaviour and male assaults female when he appeared in the Whakatane District Court last week.
He had initially pleaded not guilty to assaulting with intent to injure and male assaults female but changed his plea after undergoing a case review hearing with police.
His lawyer, Roger Gowing, said Toa accepted he owed the woman an apology and requested his client be given the opportunity to undergo restorative justice.
Judge Paul Mabey ordered Toa to reappear on October 19 so that a restorative justice meeting could be explored.
Other court appearances
In rage
WHEN Ngaromati Taipeti’s nephew was hit by a reversing vehicle, Taipeti attacked the driver.
The 24-year-old pleaded guilty in the Whakatane District Court last week to a joint charge of assault with a blunt instrument.
Police prosecutor Bill Scott said the victim was leaving a property and reversing out of the driveway when he hit Taipeti’s nephew riding a scooter.
“The defendant was in a rage and attacked the victim.”
When the victim attempted to run away from the group attack, Taipeti threw a piece of wood at his back.
Judge Paul Mabey said it was a group attack on one person who was defenceless and unarmed.
Lawyer Lisa Ebbers said he reacted when he heard the mother of the child scream.
“He came out and saw the child and the mother was distraught. He accepts he let it out the wrong way.”
Taipeti was remanded on bail until October 5 for a restorative justice conference to take place.
Search finds illegal substance
WHEN police conducted a search at Jah Te Wao Tukaki’s property they discovered drugs, utensils and stolen property.
The 33-year-old Whakatane man pleaded guilty to nine charges of supplying cannabis, five charges of receiving property valued at $500 to $1000 and one charge each of possession of cannabis for supply and possession of utensils for cannabis and methamphetamine.
Police prosecutor Bill Scott said police conducted a search of his property and found 16 grams of cannabis separated for sale.
Tukaki admitted the cannabis was his and that he intended to sell it.
At the property two televisions and a laptop were found in the bedroom, which was exchanged for cannabis.
A glass pipe and bong was also found.
Tukaki was remanded until October 5 for sentencing.
Long-awaited bail
AN Opotiki woman who had been remanded in custody since the end of May was released on bail after pleading not guilty to seven charges.
Judge Mabey said Susan Daphne Green’s alleged offending dated back to February when she was charged with possession of cannabis, reckless driving, failing to stop and breach of bail.
In March she allegedly breached bail and in May was charged with resisting police, possession of an offensive weapon, namely a cross bow, and possession of cannabis.
Lawyer Cate Andersen said the charges resulted in Green being remanded in custody, where she had remained.
Up until last week Green represented herself in court and no bail application had been made.
The alleged May offending was the result of a warrant for her arrest.
A warrant was issued for her arrest when she failed to attend Opotiki District Court.
Miss Andersen said she phoned the court to advise she would not be able to make it at the time and would make a voluntary appearance later in the day. A warrant for her arrest was issued which she believed should not have been issued.
While in custody she was psychologically assessed and found to be mentally healthy and fit to plead.
Judge Mabey said she was not a flight risk or at risk of interfering with witnesses and further reoffending.
He bailed her to appear in the Opotiki District Court on October 13.
Sentence appealed
THE Te Teko woman sentenced to 12 months in prison for fraud has appealed her sentence.
Matekitawhiti Tangitu was sentenced on August 3 on three charges of causing loss by deception, after conning three people into giving her $6500 – while serving a home detention sentence for benefit fraud.
There was one charge outstanding to which she had not pleaded and lawyer Cate Andersen said this case had been adjourned until last week and Tangitu’s presence had been excused.
Since the sentencing, Tangitu had appealed her sentence.
If she was sentenced to imprisonment on the remaining charge, and the appeal was granted, it would create a difficult situation, Miss Andersen said
She was remanded in prison until October 5 for a case review hearing on the outstanding charge, which could be dealt with administratively.
Fire arm found without licence
ASSAULT and firearm charges against Matahi man Cornelius Wallace were downgraded and he was sentenced to nine months supervision.
Wallace initially faced charges of male assaults female and unlawfully carrying a fire arm but police amended the charges to common assault and possession without a licence.
Lawyer Kaushlyn Kumar said there had been an argument between Wallace and the victim and, when he went outside to start his truck and bring in his washing, the victim locked the door.
He then jumped through a window to open the door and the two started pushing and shoving each other.
When police arrived at the property they found a Parker Hale .270 rifle.
Judge Mabey said police wanted to destroy the firearm but instead of ruining a good gun, he told Wallace to get a gun licence-holder to pick it up from the police station and secure it.
Fine for $800 theft
NGAMANE Malae Phillips-Samu of Whakatane pleaded guilty to theft ex dwelling and failing to answer district court bail.
The 21-year-old stole clothing, makeup, perfume and a cell phone together valued at $800.
Lawyer Cate Andersen said most of the items were returned and outstanding reparation was $20.
Judge Mabey fined Phillips-Samu $200 plus court costs of $130.
“Paying a small fine will remind you every time it comes out of your benefit that [the offending] is not worth it,” Judge Mabey said.
First time
WITH no prior drink-driving convictions, Judge Mabey ordered Tamati Rangi Neville Carter to pay a $500 fine.
Carter pleaded guilty to one charge of driving with excess breath alcohol.
He was stopped on August 2 at about 7.20pm by police after they noticed him driving without any headlights.
When asked to undergo a breath alcohol test, he returned a result of 491 micrograms of alcohol per litre of breath.
Judge Mabey said Carter would also have to pay $130 for court costs.
Agitated state
WHEN police turned up to a family party to help deal with some unwanted guests who were causing trouble, Vince Maakariini Himiona was already in an agitated state.
So when his brother became involved in a physical altercation with police, he reacted by standing on a police dog.
He pleaded guilty to obstructing police and was fined $350 plus court costs.
Overturned sentence
JUDGE Mabey had to overturn a sentence of community work handed down to Turinga Samson Tawera after police were unable to prove the substance he had was non-approved psychoactive drugs.
Tawera had pleaded guilty to the charge at an earlier appearance and received a sentence of community work.
He was facing another charge of possession of non-approved psychoactive drugs for supply.
Tawera wasn’t in court last week but police revealed analysis showed that the substance was not considered a psychoactive drug so the charge had to be dropped.
Judge Mabey said the result of the analysis also meant that Tawera’s guilty plea would have to be vacated and the community sentence overturned.
“Cannabis is the only thing that we know what it is without analysis. If it is not cannabis then get it analysed because it is the only drug you can be sure of.”