Tito jailed for four years

Press, 9 August 1985, Page 2

Tito jailed for four years

An escaped prisoner, Wayne Thomas Tito, aged 23, who resisted violently in a life-or-death struggle when recaptured by a constable after an extensive manhunt in isolated parts of Banks Peninsula, was jailed for four years by Mr Justice Heron in the High Court yesterday. Tito, who admitted 29 offences committed while on the run, wanted the arresting constable to kill him because he could not stand going back to prison yet he was incapable of coping outside prison, his Honour was told. While in the dock Tito was handcuffed to a prison officer.

Tito had pleaded guilty in the District Court to charges of armed robbery, 12 of burglary, seven of unlawfully taking vehicles and one of taking a boat, two of theft, one of assaulting a constable to avoid arrest, one of escaping from custody, two of theft, one of use of a firearm to avoid arrest, and one of attempted burglary. Mr B. M. Stanaway appeared for the Crown.

the offences — at Fairlie, Geraldine, Christchurch, and on Banks Peninsula — were committed during a threeweek period after Tito had escaped from Rolleston Prison in May. When he escaped he had only two months left to serve of a five-year sentence. He was eventually recaptured after a long search at Port Levy and during the struggle to apprehend him Tito told a constable that he would rather be dead than return to prison and told him: “You had better shoot me because it’s going to be you or me.”

For Tito, Mr P. H. B. Hall, said that most of the offences were committed either to sustain Tito’s escape or to enable him to survive while on the run. and involved the theft of food and other items. The most serious offence, the armed robbery, was accidental because the last thing Tito wanted to do was to. encounter any resident. He was in the process of burgling the home of a woman when she returned and took him by surprise. Tito admitted that he had pointed a rifle at her but said that it was not loaded and that he only did so because she had a knife. He had no intention of harming her and he was just as

frightened as she was. He merely wanted to escape in her car. The most bizarre incident arose from Tito’s apprehension, said Mr Hall. With considerable bravery a lone constable was able to capture him but only after a prolonged struggle. Even after he had been shot in the thigh, Tito continued to resist, and the constable had been forced to club Tito into submission with the butt of his pistol. As a result Tito suffered serious injuries to the head and a bullet wound in the thigh and would probably be left with some disability for the rest of his life — but he did not blame the constable.

Tito acknowledged that he was carrying a .22 rifle but said that although the magazine was full there was no round in the breech, the rifle was not cocked, and the safety catch was on. There was little chance of an accidental discharge during the struggle. He bore no ill will towards the police. The tragedy of the whole case, said Mr’ Hall, was that there was a possibility it could happen again with even more dire consequences.

During an interview with a psychiatrist, Dr Robyn Hewland, Tito had said: “I wish he (the constable) had shot me. I wouldn’t have to go through all this again, this time, next time.” Tito had invited the constable to shoot him, as he regarded his situation as completely hopeless and regarded himself as worthless, said Mr Hall. To say that he was institutionalised was an understatement. Tito said that he had escaped because he could not stand one more day in prison, where he had been since 1979.

His escape only days before his release was undoubtedly because he could not face’ up to life on the outside. It was an unfortunate fact that Tito could not cope in the community. Mr Hall said. The prospect of being forced back into ordinary life was more than he could face. He had no skills, was of sub-normal intelligence, and had no family support after his release. There was nothing for him to lean on once he got out. He was only too well aware of his numerous shortcomings, hence his many attempts at suicide.

Although the offences were numerous and serious,

Mr Hall asked that a “crushingly long sentence” not be imposed. Mr Justice Heron told Tito that if one wanted to choose a model of an upbringing destined to create a criminal “then yours would be close to providing the perfect example.” Tito had been neglected by his family, his educational opportunities had been nil, and he was gripped by despair. He claimed not to be able to tolerate institutional life and had been suicidal. As the end of his sentence approached Tito could not face the very real difficulties he would experience outside prison. “It is clear that you were about to be released, just before this spate of offences occurred, into the community where you were totally unfit to take your place, and it is a sad commentary on our prison system that you were so unprepared,” his Honour said.

It had been suggested that Tito endeavour to develop his interest in Maoritang’a so that he could “stand tall,” and that appeared to offer him some hope.

It was a series of serious offences, and he accepted that they were committed with the object of remaining at large as long as possible, his Honour said. However, the events culminated in armed robbery with a considerable risk of danger to innocent persons. Then there was the struggle with the constable which put the latter in danger of being severely injured or possibly losing his life.

It could have resulted in the loss of Tito's life because of his resistance to recapture, his Honour said.