Brayden Towler (right) was sentenced to three years and three months' imprisonment. Photo / Michael Craig
Brayden Towler (right) was sentenced to three years and three months' imprisonment. Photo / Michael Craig
The sister of Petunu Talitumu, who died after being driven into on a pedestrian crossing in the Glen Eden shopping village in West Auckland, has offered forgiveness to her brother’s killer.
At Towler’s sentencing in the High Court at Auckland today, Talitumu’s sister, Malama Higgins, spoke of the “traumatising reality” of losing her brother.
Through sobs, Higgins recounted the pain and suffering her two nieces were going through after their father’s death, and how hard it had been for her to come to terms with him not being around to see them grow up.
Brayden Towler (right) was sentenced to three years and three months' imprisonment. Photo / Michael Craig
Towler sat with his head bowed and wearing a deflated look as Higgins spoke.
She shared how her faith had kept her going, and offered prayers of peace to the defendant’s family, who she said were experiencing their own kind of loss.
While still unable to look Towler in the eyes, she wanted him to know she forgave him, and cried as she expressed hope he could forgive her brother and his partner.
Anna Ta’Ateo and her partner Petunu Tim Talitumu, who was the victim of a hit-and-run at Glenmall in November. Photo / Supplied
Justice Pheroze Jagose said about noon on November 23, 2022, an altercation occurred between the two men after Talitumu’s partner believed Towler had cut them off.
He said the pair began to tailgate Towler, and when they pulled up alongside him Talitumu was standing on their Ford vehicle’s passenger-side running board and may have slapped Towler’s car.
While Justice Jagose said he could not be certain about the comments and gestures exchanged, he ascertained Towler gave as good as he got.
Soon after, Towler executed a “forceful” U-turn, crossed over to the wrong side of the road and hit Talitumu, who died at the scene.
The shattered windscreen of Brayden Towler's black Holden. Photo / NZ Police
Towler, then 27, did not stop and Talitumu was carried on the bonnet for some time after the impact.
Prosecutor Claire Paterson said Towler had “unquestionably” committed a very dangerous driving manoeuvre right up until the impact.
She believed it would be inappropriate for any discount for a guilty plea to be given to Towler, as the offer was conditional on the Crown dropping the murder charge before trial and said culpability was only brought before the jury in closing arguments.
Towler’s lawyer Adam Couchman argued willingness to do so commenced in the opening address and again in closing.
Couchman said his client had not been looking for acquittal for the manslaughter charge and had committed to that position from the start.
Justice Jagose said in the decade prior to this offending Towler had amassed various convictions, including for dishonesty, and his sentences for those crimes had served no obvious deterrence.
A report writer had also found Towler was at high risk of reoffending and a “very high risk” of harming others.
Justice Jagose gave Towler a 35 per cent sentence discount for his guilty plea, steps toward rehabilitation, the impact on his son and his remorse.
Towler was given a final sentence of three years and three months’ imprisonment, as well as a 15-month disqualification from holding or obtaining a driver’s licence once this time is served.
Katie Harris is an Auckland-based journalist who covers social issues including sexual assault, workplace misconduct, crime and justice. She joined the Heraldin 2020.
