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Two men who pleaded guilty to the murder of 2-year-old Jhia Te Tua and two who pleaded guilty to manslaughter have made High Court applications to change their pleas.
Jhia was killed in a gang-related drive-by shooting while sleeping on a couch in her parents' home in the Wanganui suburb of Gonville on May 5 last year.
A depositions hearing began last month, but was interrupted when some defendants entered guilty pleas.
Karl Unuka Check and Hayden Wallace yesterday applied to vacate their pleas, after they initially pleaded guilty to murder.
Wallace is alleged to be the man who fired the gun on the night Jhia was killed.
A witness had earlier said he had heard Check give a direction to Wallace to shoot Jhia's father.
Both were remanded in custody until June 3 after their lawyers made applications to vacate their guilty pleas.
James William Challis and Tyrone Temappi Box, who were in the back of the car from which Wallace allegedly fired, also sought to vacate their pleas.
Initially they pleaded guilty to manslaughter by an unlawful act and also to participating in an organised criminal group.
Challis and Box were remanded in custody until June 27.
Michael Westley Kumeroa, Noel Piha Broughton and Chance Wairangi Church were yesterday sentenced after pleading guilty to being part of an organised criminal group.
Justice Ronald Young sentenced Church to 18 months' jail, saying home detention was not an option.
Kumeroa was jailed for two years and three months and Broughton for two years.
Justice Young said the shooting was the result of months of tension between the Mongrel Mob and Black Power gangs in Wanganui.
Several Mongrel Mob members played in a rugby league game on May 5 and confrontations arose between their supporters and Black Power members also watching the game.
Threats were made and weapons presented, but there was no physical violence, Justice Young said.
Members of the Mongrel Mob later went looking for a Black Power house and drove past the Te Tua house. Jhia's father was a Black Power member, Justice Young said.
"Later, a rifle was obtained by the Mongrel Mob, others joined and the three vehicles returned to the house. In the front vehicle someone was carrying a .303 rifle. Someone leaned out the front window and shot at the house.
"Further shots were fired at Black Power members standing on the front lawn.
"One of the shots went into the lounge and entered a couch where it killed a 2-year-old as she lay sleeping."
Justice Young said although none of the three sentenced yesterday had known about the rifle being present, they had "serious violence in mind" and were "reckless" about the result.
He said Church, Kumeroa and Broughton were not responsible for Jhia's death, but chose to get involved knowing there was going to be a violent gang confrontation in a public place where innocent people could be hurt.
Church was given a shorter sentence because of his lack of previous convictions.
Justice Young said Kumeroa had a history of violent offending, including a conviction for manslaughter in 2000, and should have a longer sentence accordingly.
He said Broughton was driving one of the following cars and ordered him to forfeit the vehicle.
The sentences had to serve as a deterrent, Justice Young said.
The lawyer for Kenneth Smith, who was due to be sentenced yesterday after pleading guilty to being part of an organised criminal group, asked for an adjournment, because he had not received information on time.
Smith was remanded on bail to reappear on June 30.
Five other men charged in relation to the incident appeared in the High Court at Wellington yesterday afternoon. They have pleaded not guilty to various charges and a trial has been set down for November 17.
- NZPA
