In a victim impact statement, Selwyn’s sister Vivian said he “never stood a chance” against the three men who attacked him.
“He didn’t even see you coming,” she said to Fausia in the dock. “Ajae’s life was taken by a brutal coward act.”
After Selwyn was knocked unconscious, the three men placed him on his bed in his home, and did not provide assistance or call 111. His body was not found until eight days later when police did a welfare check.
“Eight nights and eight days my brother’s lifeless body lay on his bed, rotting, further and further beyond recognition,” Vivian Selwyn said.
His body was so decomposed he could not lie in state and be mourned according to tikanga protocols, she said.
“Hauntingly my brother’s children never got to see him in his coffin, to hug him and kiss him and say goodbye for the last time.”
She had suffered an emotional breakdown and was unable to carry on her role on a marae, which involved managing tangi and caring for the dead.
“I can’t bring myself to care for any more, to uphold the mana of any tapapaku [body] when I couldn’t give the same mana to my own brother.”
Selwyn’s father Tony gave a brief victim impact statement, saying “he missed his son very much”.
“I can’t even talk to his kids or siblings without them crying. The siblings find it hard to remember the past.”
He added: “Not only did you hurt ... my son but broke his mother’s heart”.
Selwyn’s brother, Michael Nancorrow, had a statement read out by Crown prosecutor Henry Steele.
Nancorrow said the family’s lives were not the same since Selwyn was attacked.
“The soul-shattering screams we heard after learning our brother was killed over something so miniscule.”
His main concern was for Selwyn’s children, who would never get to hug their father again.
“He won’t even be able to teach his sons to drive or walk his daughter down the aisle, or even to school.”
Michael said in his statement that through several court hearings and bail applications they had not witnessed any remorse from Fausia.
“Instead we have seen laughing, smiling and waving. We hope justice will be served because my brother will never return to his family and children.”
Fausia, wearing all black in the dock, read a letter of apology to the family.
He said he did not ask for the family’s forgiveness and that he would live with Selwyn’s death for the rest of his life.
“I have brought shame and disrespect to myself and my family through my actions,” he said.
“I have accepted my fate … for taking another life. I have let my community down, there is no escaping what I have done.”
A family member of Selwyn who was in the gallery objected, saying: “You can’t bring him out of the ground”.
The family member, who continued shouting at Fausia, was removed from the courtroom. Justice Wilkinson-Smith brought his statement to an end, saying there was no point in an apology that no one wanted to hear.
Steele sought a sentence of nine-and-a-half years jail. He said aggravating features included the fact that Fausia did not take steps to help Selwyn. Fausia was also on bail for previous offences at the time of the attack and had not shown remorse over the incident.
Fausia’s defence lawyer Bradley Moyer said there was not a high level of premeditation to the attack. He also sought a discount to his sentence for remorse, and noted that Fausia had unaddressed childhood trauma.
In summing up, Justice Wilkinson-Smith said aggravating factors included the attack on the head, the seriousness of the injury, and the fact that multiple attackers were present.
She found a degree of premeditation, saying he went to the hotel with the intent of attacking Selwyn. The violence was unprovoked but not prolonged, she said.
After the attack, he made no attempt to help Selwyn and took steps to conceal him.
“You and your associates hid him away from any help,” she said.
Other aggravating factors included that he committed the attack while on bail and while being supervised for earlier methamphetamine charges.
Mitigating factors included Fausia’s difficult upbringing, which included poverty, violence and gang association. The mothers of his two daughters had written statements to the court, speaking of his generous character and supportive role as a father.
Justice Wilkinson-Smith sentenced him to seven years jail for manslaughter, six years on methamphetamine charges, to be served concurrently, and six months for the ammunition possession charges, also to be served concurrently.
“COME OUT”
According to the facts of the case agreed to by Fausia, Selwyn had purchased methamphetamine from another man on the evening of March 7 last year.
However, he contacted the alleged seller 15 minutes later to complain about the drug’s poor quality.
The alleged seller then proposed a “one-on-one” fight, picking up Fausia and another man before returning to the hotel, court documents state.
“Come out,” Selwyn was allegedly texted as the trio arrived at the Manukau St property’s carpark, which was surveilled by CCTV.
“Mr Selwyn approached [the alleged seller], leaving a distance of about one metre between them,” court documents allege.
“[The alleged seller] assumed a fighting stance and clenched his hands into fists. Mr Selwyn stood with his hands at his sides and does not appear from the footage to indicate he intended to fight.”
But seconds into the conversation between the alleged seller and Selwyn, Fausia delivered the kick to Selwyn’s head.
“Mr Selwyn, who did not see or anticipate the assault and therefore did nothing to protect himself, was immediately knocked unconscious and fell backwards, hitting the back of his head on the pavement,” documents state.
“Mr Selwyn made no attempt to break his fall nor did either of the defendants.
“The group immediately approached Mr Selwyn and attempted to wake him.”
When he wouldn’t wake, the group took Selwyn to his room and left him on his bed before leaving in the same car, authorities allege.
Selwyn’s family requested a welfare check from hotel staff a week later after not hearing from him, at which point his body was found.
His death was determined to have been the result of a brain bleed caused by blunt force trauma to the head.
Police searched Fausia’s home on April 4 last year, finding 432g of methamphetamine in a red shoebox, nearly $17,000 in cash and 30 shotgun rounds.
