Former Port of Auckland CEO Tony Gibson goes on trial, recession hits the job market and a candlelit vigil has been held for the Sydney stabbing. Video / NZ Herald / Getty / AP
As a convoy of keyed-up gang members made their way to a Auckland reserve for a large - and what would turn out to be deadly - brawl with a group of rivals last year, they were temporarily sidetracked by a road rage incident that left another motorist terrified as two guns were pulled on him.
The attack, which took place during a stoplight at an Ōtāhuhu intersection after the motorist unknowingly merged into the gang convoy, was outlined in detail for the first time this week as 21-year-old Paula Vilihifo Lavemai was sentenced for assault.
The Mt Wellington resident has been described in court documents as a member of the South Auckland-based FITUS gang, which aligns itself with the Crips and the Rebels motorcycle club. On August 5 last year, he and other associates met at the Rebels gang pad in Ōtāhuhu before the group left for a planned brawl with the Head Hunters motorcycle club at Taurima Reserve in Pt England.
Common assault, which carries a maximum sentence of one year’s imprisonment, is usually dealt with in the district court. But Lavemai instead appeared before Justice Graham Lang in the High Court at Auckland this week because of the fatal brawl that followed, resulting in four co-defendants being charged with the murder of patched Head Hunters member Charles Pongi.
All other co-defendants have pleaded not guilty and await trial next year.
Police gather in force outside the Head Hunters pad in Ellerslie before the funeral of Charles Pongi. Photo / NZME
Lavemai was in a Volkswagen Golf hatchback with associates when they took offence to the other motorist around 1.35pm that day, according to court documents.
“The group accosted [the driver], demanding he get out of his vehicle, kicking door panels and [a co-defendant] smashed the front passenger window with an elbow strike,” according to the police summary of the incident agreed to by Lavemai.
As that was occurring, another vehicle in the convoy pulled up and joined in on kicking the vehicle.
“Get out of the car or I will shoot you!” one person is alleged to have said while brandishing a pistol at the driver.
The gang members jumped back into their vehicles as the light changed and drove off, authorities allege. The driver who had been attacked followed the convoy, trying to memorise number plates, until a passenger of another vehicle in the convoy produced a long, single-barrelled firearm, court documents state.
“F*** off,” the person is alleged to have said as he showed the weapon. The motorist decided to follow the advice, driving home before calling police.
Police arrested Lavemai after finding his fingerprint on the victim’s car. CCTV in the area also filmed the attack.
Although the motorist did not suffer any physical injuries, the psychological effect of the incident has been long-lasting, Justice Lang noted during the sentencing hearing, suggesting Lavemai’s actions were at “the upper end” of what could be considered common assault.
Defence lawyer Sacha Norrie asked that her client be released on time served, pointing out that he had spent three months in jail awaiting the charge as well as time on restrictive electronically-monitored bail. She also suggested discounts for Lavemai’s early guilty plea, his youth and lack of previous criminal record.
“He has effectively served a sentence,” she said, adding that staying at home with his pro-social family would best facilitate his ongoing efforts at rehabilitation.
Norrie described what she said was rare insight for a young man in a gang situation.
“He accepts and understands ... he did get swept up in the fervour of the group,” she explained. “He feels shame and remorse about that. This is not how he was raised.”
Crown prosecutor Belle Archibald agreed “the deterrent aspect” of the sentence had already been served by Lavemai’s time in custody. As such, the Crown supported a sentence focused on rehabilitation and reintegration into society. But she did not go as far as endorsing the defence’s request for a conviction and discharge, arguing some sort of supervision would be the best outcome.
Justice Lang agreed a sentence needed to be imposed. He noted that had the motorist not stayed in his car he might have suffered serious injuries. As it was, he was left with costly repair bills for his car and psychological injury, he said.
He ordered a sentence of one month’s home detention.
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.
