Moko Sentence Slammed

28th June 2016

“If New Zealand’s Justice System is so flawed that it has allowed killers like Shailer and Haerewa to get away with murder the Attorney General should be fixing it, not defending it.”
Moko’s tragic death has exposed numerous flaws within the system that have no doubt contributed significantly to New Zealand’s shocking level of child abuse.

The Sensible Sentencing Trust says due to the shambolic mess of our Justice System, two people have got away with murder and that the case has set a dangerous precedent.

Moko's killers were sentenced for manslaughter, after prosecutors supposedly decided they couldn't make murder charges stick. Moko was killed by being repeatedly hit, kicked, thrown, dropped face-first on the floor, bitten, stomped on with such force to rupture his bowel causing infection, smothered and denied medical care for his injuries. All of this was done over a two-month period by the people who had been entrusted to care for him.
“Tania Shailer and David Haerewa dodged murder charges and they can thank Chris Finlayson for that” Guthrie.
The sentences handed down are nothing short of disgraceful and dangerous.
The Judge did everything she could due to the charges having been plea bargained down to manslaughter.
The Police did a fantastic job by correctly charging Tania Shailer and David Haerewa with murder.
This case – one of goodness knows how many, has highlighted the dodgy practice of state initiated plea bargaining, under which people who richly deserve to be convicted of murder, and spend most of their lives in prison, instead do a few years for manslaughter and get released.

“Plea bargaining used to be a shady practice initiated by defence lawyers. Under changes introduced by this government three years ago, Crown lawyers are now permitted – in fact incentivized, to sell victims short and enter into these dodgy deals which enrich them. It makes a mockery of our justice system and the rights of victims”.McVicar.

The sentence of 17 years with a non-parole period of 9 years handed down to Shailer and Haerewa, mean they could be freed on parole before Moko’s 12th birthday!
Had a life sentence been imposed, the offenders would have had to spend at least 10 years in prison before being eligible for parole. They would then have been on parole for the rest of their lives, meaning they could be recalled to prison if they breached any of their parole conditions.
Because they received a sentence for manslaughter, they have a finite sentence meaning after 17 years, they will have no conditions on them at all. The difference is crucial!
Scott Guthrie said, “This entire debacle just proves how unbalanced, offender friendly and discriminative the New Zealand justice system really is.”
Mr Finlayson defended the manslaughter charges saying murder charges might have been hard to prove if Moko’s killers chose not to give evidence.

The Founder of SST, Garth McVicar, slammed those comments saying, “If the so called ‘Right to Silence’ contributed to this debacle then get rid of it.”
“Moko’s tragic death has exposed numerous flaws within the system that have no doubt contributed significantly to New Zealand’s shocking level of child abuse.”

“If New Zealand’s Justice System is so flawed that it was allowing killers like Shailer and Haerewa to get away with murder the Attorney General should be fixing it, not defending it.”

Sensible Sentencing Trust is calling for a wide ranging inquiry so that Moko’s death becomes a catalyst for change - not just another statistic. ENDS

http://www.stuff.co.nz/national/crime/81477608/moko-rangitoheriris-killers-david-haerewa-and-tania-shailer-sentenced-to-17-years-prison

ENDS

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