Paki will be sentenced in the Auckland District Court on July 3. The other three appeared in the Gisborne District Court on Friday where Judge Geoffrey Rea ordered each to pay prosecution costs of $400 but otherwise discharged them without conviction or further penalty.
It was the first time in his 19-year career he had exercised his power of discretion to do so, the judge said. None of the men's lawyers sought Section 106 discharges without conviction.
All knew what he was bound by and that he could not grant them, the judge said.
But this was a special case. He had never before seen a situation where defendants and their families had done so much to try to make amends, he said.
Community work and supervision could have been imposed but neither was necessary.
The families were already providing supervision and a plan devised by Totorewa's father involved numerous community voluntary work hours, comparable to what a court might impose.
Defence lawyers said any conviction would be significant punishment and would continue to impact on their futures.
One of them said her client had considered teaching but if convicted, would likely have to appear before the Teachers' Council before he could gain employment.
The offending was an aberration but history was littered with good people who had done bad things, she said.
These weren't young men who didn't care.
They appreciated the impact of their offending and had been held to account for it by their families.
Before passing sentence, Judge Rea looked at the men in the dock and told them he was not going to do what their lawyers wanted.
"You guys sat around, had some drinks until the alcohol affected you then went out on a mission to try to get some surfboards," the judge said.
"What I couldn't believe when this file came across my desk was the amount of work your families put in to try to get you sorted out," he said.
"And you yourselves have done all you can to put things right.
"... You guys are future leaders. I hope that's right, and I hope you don't do anything to affect that," Judge Rea said.
He asked them to consider how embarrassing their offending had been for their whanau, who had to sit and watch them in court.
On exiting the dock, one of the young men thanked the judge.
Some family members cried.
Outside the courthouse, many supporters embraced one another and expressed relief.Gisborne Herald