Uru Taha prospect Rei Marshall was killed by the president of a Mongrel Mob chapter during an altercation over gang ties. Photo / NZME
Uru Taha prospect Rei Marshall was killed by the president of a Mongrel Mob chapter during an altercation over gang ties. Photo / NZME
A teen involved in the murder of a young father will face “more severe sentencing options” after a judge ruled against him being dealt with in the Youth Court.
The 17-year-old from Taranaki, who has name suppression, was originally charged with the murder of rival gang member Rei Joseph Tumatauinga Maihi Marshall in August last year.
But he has now pleaded guilty to a reduced charge of being an accessory after the fact and one of wounding with intent to cause grievous bodily harm.
Marshall was a 23-year-old father-of-two and Uru Taha gang prospect when he died from a fatal stab wound delivered by Turanganui John Ormsby-Turner, the president of the Mongrel Mob’s West Coast chapter, in New Plymouth.
With Ormsby-Turner at the time was the teen, who was then 16, as well as Hamiora Laupama.
As part of his role in the incident, the youth attacked Marshall multiple times with a claw hammer, before he and Laupama disposed of a knife and clothing, as directed by Ormsby-Turner, 26.
Turanganui Ormsby-Turner has been jailed for the murder. Photo / Tara Shaskey
Ormsby-Turner was jailed for life with a minimum non-parole period of 10 1/2 years for the murder, while Laupama, 25, was sentenced to five months of home detention for being an accessory after the fact.
Now, the teen’s sentencing is edging closer and Justice Francis Cooke has issued a decision this week on which court would deliver his fate.
The decision, which followed a jurisdiction hearing last week, ruled the teen would be sentenced in the High Court.
Crown prosecutor Cherie Clarke said despite the murder charge being withdrawn, the proceeding should remain in the High Court.
But defence lawyer Kylie Pascoe argued for it to be transferred back to the Youth Court. The proceeding was moved to the High Court when the teen was charged with murder.
Clarke said the Crown would be seeking a term of imprisonment given the teen’s culpability, the need to hold him accountable and the seriousness of his offending.
She said the maximum penalties available in the Youth Court, six months in a residential facility and 12 months’ supervision, were “totally inappropriate”.
The attack on Marshall occurred at a South Rd property in New Plymouth. Photo / Tara Shaskey
Pascoe submitted her client had expressed remorse for the offending and a desire to step away from the Mongrel Mob.
He has made progress during the past eight months while on bail and the Youth Court would provide the support he needed in his rehabilitation, she argued.
Reports considered by Justice Cooke detailed how the teen had become “immersed in the culture of the Mongrel Mob” and that his mental health was currently fragile.
His moral agency was also compromised due to the association with the gang and the high level of indoctrination, it said.
However, the teen showed some degree of personal maturity, did not suffer from any form of mental impairment and had the potential to live a law-abiding life.
The decision also said the youth was ”100 per cent wholeheartedly sorry” for the offending and wished to engage in Restorative Justice with Marshall’s whānau.
In his ruling, Justice Cooke said the Oranga Tamariki Act stated the High Court “must” transfer the proceedings back to the Youth Court if the reasons for the initial transfer no longer apply - unless the interests of justice “require” them to remain in the High Court.
He said that while jail would limit the teen’s prospect of rehabilitation, it was “very serious offending” and it was in the interests of justice for the senior court to deal with the matter.
“Retaining the sentencing in this court allows the more severe sentencing options, such as imprisonment, to remain available,” he said.
While that was not the inevitable outcome, the judge could not rule it out as the appropriate penalty.
