Addict 'lucky' to avoid murder charge after 85-year-old's death

A drug addict who wanted money to feed his $1000-a-week P habit has been jailed for 4 1/2 years for robbing an 85-year-old woman who later died in hospital.

In the Auckland District Court today Judge Michael Hobbs told 26-year-old Newmarket labourer Vinnie Barbarino Ha'apai that he was lucky not to be facing a homicide charge over the death of Anja Pootjes-Knuppe.

Ha'apai admitted a charge of robbery, after a more serious charge of aggravated robbery was dropped when the Crown said it could not prove he had the necessary intent to cause the victim grievous bodily harm.

Ha'apai watched Mrs Pootjes-Knuppe as she obtained US$2000 worth of travellers cheques and Euros1500 from the Northcote branch of the ASB in March lat year.

He followed her and her son home and, as the son parked his car, Ha'apai pounced on her.

Judge Hobbs said Ha'apai approached her from behind and pushed her, causing her to fall onto a concrete path before running off with her handbag.

Mrs Pootjes-Knuppe was hospitalised after suffering a broken nose, grazed and swollen forehead, two broken bones in her right hand and swelling to her left hand.

Six days later she died in hospital.

Simon Moore, the Crown Solicitor for Auckland, told the judge that after receiving specialist pathological advice they could not prove to the necessary level that the victim died as a result of the attack.

If a causative link could have been established, Ha'apai would have been facing a charge of murder or manslaughter at least.

"He is lucky indeed on the basis of that advice that he is not facing a much more serious charge," Mr Moore said.

Defence counsel, Ron Mansfield, said his client acknowledged that it was a cowardly, desperate and dastardly act.

Ha'apai was caught in a P addiction and was searching for cash to feed his addiction, but that was not offered as an excuse.

He said there was a low level of violence, and no weapon was used.

Outside the court Mrs Kulke-Pootjes said that she believed that her mother's death was definitely linked to the assault.