Death by Torture is Definitely Not Manslaughter

3rd May 2016

This is not justice New Zealand style; in fact it is a dirty back room deal of the worst degree.” McVicar.

The Sensible Sentencing Trust has vowed to do all in its power to ensure the death of three year old Moko Rangitoheriri is not in vain.

Trust Founder, Garth McVicar said that SST would turn the toddlers death into a catalyst for change.
Three year old Moko Rangitoheriri was left in the “care” of his minders, Tania Shailer and David Haerewa. Both administered systematic torture because Haerewa said he didn’t like Moko being around him.

Moko’s torture started two months before his death, gradually escalating in seriousness and violence, ending in him suffering violent treatment so bad that the pathologist was unable to confirm which of the many life threatening injuries Moko sustained had in fact killed him.

Haewera locked the child in the bathroom for hours. That was before stomping on his stomach so hard it ruptured, causing bowel fluids to leak into the toddler’s stomach and body. The pain this defenceless little boy endured would have been excruciating.

Add to the stomping, repetitive beating around the head until his brain was swollen and bleeding, the lung injuries, abrasions all over his body and human bite marks on his cheeks arms and legs.
Finally the toddler was unable to speak or walk, and still his tormentors did not seek medical assistance.
When they did it was too late, and Moko died what would have been an agonising death five hours after being admitted to Taupo Hospital.

“McVicar said this baby was tortured to death, and now his death is being aggravated by the Crown accepting a guilty plea of manslaughter to what was clearly a case of murder where recklessness as to the result of injuries inflicted is deemed to be intent to kill.

“This case is Lilybing, Nia Glassie and Kahui twins all rolled into one! The assaults were premeditated and prolonged, fitting all the criteria for murder. The fact the Crown has accepted a guilty plea of manslaughter smacks of collusion of the highest degree and is symbolic of New Zealand’s horrific level of child abuse.”

“These two killers have escaped their just desserts because of the murky practice of plea bargaining, which has been formalized in the last couple of years. Once it was only the defence who could try and persuade the Crown to reduce charges – now either side can initiate such discussions. Whereas prosecutors were once very reluctant to do deals, now they are initiating them!

This is not justice New Zealand style, in fact it is a dirty back room deal of the worst degree.” said McVicar.

“Twenty five years ago charges were often laid in the alternative. Until the latest murky system was formalized, defendants such as these two would have almost certainly been charged with murder, with the jury being instructed that they could find them guilty of manslaughter instead. That decision has now been removed from jurors in favour of shady deals done in some lawyer’s office, with the public never being told how such a seemingly ludicrous reduction in the charge came about” McVicar said.

“Anne Tolley has recently announced a ‘root and branch’ reform of CYF. We also need to drag the shady system of plea bargaining into the light, and get rid of it. Plea bargaining used to be something we saw on American television. Now it is our reality happening every day in a courthouse near you. We say this system must end, and end now. Juries should decide the level of killers’ culpability, not a cabal of lawyers meeting behind closed doors who aim to dispose of cases as quickly as possible, however much injustice that involves.” ENDS

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