Gang members jailed

Press, 1 May 1981, Page 5

Gang members jailed

nrih°4 W^at h ad been deS ' braw?” a “sickening . Cat hedral Square ?rf k u d Wlth a lunch hour crowd and people watching Arts Festival Week activin? s -, six members of the Black Power Gang were sentenced to terms of imprisonment of up to two years bv Mr Justice Cook in the High Court yesterday. _ Members of the Black Power Gang, on a signal given by the leader, attacked Mongrel Mob members with various weapons, on March 11, 1980. All six had pleaded guilty to charges of rioting. ,Wally Awatere, aged 24, who was found guilty by a jury on additional charges of wounding with intent to cause grievous bodily harm and wounding with intent to injure, was jailed for two years.

Shane Piripi Turner, aged 26, the gang leader, was jailed for a year, the sentence to be served concurrently with his present term. Lionel Apirana Skipper, aged 26, Robert James Koni, aged 25, and Mark Koni, aged 23, were each jailed for nine months and Fernardo Patuwai, aged 19, the youngest, for six months.

Mr E. Bedo, who appeared for all the prisoners except Awatere, submitted that terms' of imprisonment should not be imposed on his clients. It was not a case for a deterrent penalty. Without doubt the riot was an ugly, violent and shocking incident but it had not been a punative exhibition by the

Black Power Gang against the Mongrel Mob as was asserted by the Crown. One of the victims was armed with a tomahawk as had been shown in a film.

No member of the public had been injured or threatened by gang members. It was Awatere who stood to suffer the most for a few moments folly. He came from a family of 13 and his father had to give up work because of a health problem and had to support his family on a sickness benefit. After his father died in 1975 his mother deserted the family but Awatere made a valiant effort to keep the nine children together but eventually they were put in Social Welfare Department homes.

At present Awatere was serving a jail term of 18 months. When asked about gang fights and the use of a knife, Awatere told the probation officer that the situation between the gangs had deteriorated so much that all gang members who were frequently involved in fights or brawls carried weapons.

Awatere stated that if snap strip searches were made of gang members in the street at any time weapons such as knives, axes, iron bars and chains would be found on most.

It had been stressed by Awatere that the armed conflicts were restricted to gangs and that he never carried a knife to hurt members of the public but for protection against rival gang

members. Awatere was adamant that gang members did hot intend to use violence or their weapons against citizens. The members of his gang never knew when they were, going to run into members of rival gangs.

It had been suggested that Turner, the leader of the Black Power Gang at the time, had signalled for the attack to begin on the Mongrel Mob by wiggling his little finger but witnesses under cross-examination had admitted that that was a reconstruction of events.

No purpose would be served in extending Turner s present term of 18 months which had been imposed because of a gang incident at New Brighton. Since he had been in prison he had lost his wife to another man, Mr Bedo said. Mr D. I. Jones, for Putawai, said that this was not a normal rioting charge but a fight between rival gangs in public. Putawai was the youngest involved. A country boy who came to the city, Putawai found himself unemployed and lonely and he gravitated to the Black Power Gang for friendship and support. He was struck by an axe wielded by a member of the Mongrel Mob and was incapacitated for some time. He did not look for trouble but was easily led and tried to impress his companions. Putawai was not a criminal in the true sense but a young man who lacked social

skills. He was only on the fringe of the incident and imprisonment was not an appropriate sentence, Mr Jones submitted. Mr N. W. Williamson, for the Crown, said that while it was asserted that it was the gang philosophy not to effect members of the public, the fact remained that this riot took place , in the centre of the city at midday when the Square was not only filled with the normal lunch hour crowd but with people who had come to watch the Arts Festival Week activities. A tremendous number of hours had been spent by the police in keeping gangs apart and under surveillance, said Mr Williamson. His Honour said that this was a serious, planned attack by members of one gang against another in a popular public place. There was no excuse foY that kind of behaviour.

Fortunately no member of the public was injured but a number must have feared for their own safety or for that of others once the violence started. “Conduct such as this cannot be tolerated and when considering the appropriate sentence, regard must be had not only to imposing the proper penalty, but also for the need to deter others from offending in this fashion. It is a case for imprisonment,” said his Honour. Mark Koni had convictions for burglary and other offences and his response to periodic detention had been

unsatisfactory. Robert Koni had stated that he was following the wishes of the gang. Skipper had previous convictions but only one for assault for which he was fined $75. All his offences arose from his association with the Black Power Gang which he had joined when he was 16. He had since withdrawn from the gang. Putawai was the youngest of the group. He found himself in this situation because of his membership of the gang. He had been seriously injured. Unhappily Turner had a long record of offences, including wilful damage, resisting the police, fighting and assaults with intent to injure.

Turner’s leadership of the gang had resulted in some worthwhile activities. He appeared to be a strange mixture. There was much violence in his nature but he accepted a substantial share of the responsibility for what had happened. It was clear he was the leader in the incident.

Awatere began offending after he joined the gang about 1977. He was not particularly impressed by Awatere’s assertion that he carried a knife because he feared for his safety and his life.

“You carried a knife and did not hesitate to use it and were in the forefront of the battle. Your involvement was substantial,” his Honour said. ________