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Aisoli Makerusa was sentenced for attempting to smuggle cannabis and tobacco into Mt Eden prison.
Judge Kevin Glubb denied the prison officer’s request for a discharge without conviction, citing a breach of trust.
Makerusa received a sentence of three months’ community detention and 16 months’ intensive supervision.
A Department of Corrections employee who was caught trying to smuggle cannabis and tobacco into Mt Eden prison says he feared for his safety after discovering a menacing note instructing him not to check his pockets that day.
Disgraced prison officer Aisoli Makerusa, 43, asked for adischarge without conviction as he appeared for sentencing this week in Auckland District Court. His behaviour that day was out-of-character and he hoped to get security-related work again once the case was behind him, his lawyer contended.
Judge Kevin Glubb appeared dubious about the claim, however. He declined the application, ordering a non-custodial sentence instead.
“None of that does you any credit, Mr Makerusa,” the judge said of the defendant’s explanation for his crime. “You say that you didn’t know what was in your pocket, but nevertheless, you knew there was something there.”
As a prison officer, his offending was a breach of trust, Judge Glubb noted.
“It impacts on the confidence that the community has in the prison service to maintain the correct procedures,” he said.
Makerusa’s attempt to smuggle the illicit items into the facility was discovered shortly after he arrived at work about 5.45am on July 8, 2023. On arrival, he saw a dog handler conducting checks in the employee entrance area, according to the agreed facts of the case. He attempted to leave but was spotted and told to come back.
A second dog, specialising in finding contraband, cellphones and drugs, was called in and located the illegal items in his left leg pocket. Wrapped in plastic were two items – 22g of cannabis and 36g of tobacco.
Aisoli Makerusa was a prison officer at Mt Eden Corrections Facility in Auckland when he was arrested for trying to smuggle tobacco and cannabis inside. Photo / Steven McNicholl
Makerusa declined to be interviewed by police but later divulged the account of the menacing note to authorities.
“[He said] he received a note in his pocket the morning of the offending telling him not to check his pockets,” defence lawyer Arabella Jones explained. “Because of the note, he was fearful for his safety and felt like he had [to comply].”
He was initially charged with possession of cannabis and bringing illicit items into a Corrections facility intending that it should come into the possession of a prisoner. Both carry maximum sentences of three months’ imprisonment.
He later pleaded guilty to a single amended charge – possession of cannabis and tobacco in a prison facility – on the eve of a judge-alone trial that had been scheduled for September. That charge carried a maximum possible punishment of one year’s imprisonment and a fine of up to $5000.
“Mr Makerusa accepts full responsibility for his actions,” Jones said on his behalf, adding that her client should have gone to police or his supervisor about the alleged note. “He’s sorry to both the court and the Department of Corrections. He does regret his actions.”
Some aspects of the hearing were suppressed at the request of Makerusa’s lawyer.
Jones argued that the consequences of a conviction would be out of all proportion to the gravity of the crime because it might affect her client’s future job opportunities. Since losing his job with the Department of Corrections he has become an Uber driver, she said.
A conviction would unfairly paint him as unreliable and dishonest to potential future employers in the security sector, she said, adding that it wouldn’t “accurately reflect his character”. She noted that he had no prior workplace issues or convictions for dishonesty.
Police prosecutor Victor Wagner opposed the discharge without conviction request, saying the consequences of a conviction were not out of line with what a defendant should expect in such circumstances.
Noting that Makerusa was assessed as presenting a medium risk of reoffending, Judge Glubb agreed with the prosecutor.
“Offending of this nature needs to be properly marked,” he said.
He imposed a six-month starting point for the sentence before applying discounts for his guilty plea and other matters. He ordered an end sentence of three months' community detention, including an 8pm to 7am curfew, and 16 months of intensive supervision.
The judge took mental health issues into account in making his decision.
Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.
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