Emilio Tanirau Whaanga stands in the dock at the High Court at Wellington this morning for sentencing. Photo / Melissa Nightingale
Emilio Tanirau Whaanga stands in the dock at the High Court at Wellington this morning for sentencing. Photo / Melissa Nightingale
A man who killed a stranger with a headbutt in a dispute over a supermarket car park carried on with his shopping as the victim lay unconscious on the ground.
Emilio Richard Mac Tanirau Whaanga was a "time bomb" that "exploded" at the victim, defence lawyer Chris Nicholls said, adding his client was "carrying a body load of anger around with him seemingly all the time".
Tanirau Whaanga appeared in the High Court at Wellington this morning for sentencing for the December 3 incident. He previously pleaded guilty to manslaughter.
He was sentenced to three years and three months in prison.
Nicholls today told the court there were major failings in the education, mental health and justice systems which were partly to blame for the victim's death.
The 55-year-old victim, who has name suppression, had taken the day off work to spend with his elderly mother, and had parked in a new parents' car park at the Countdown supermarket on Knights Rd in Lower Hutt, as there were no disability parks available.
Tanirau Whaanga, 23, had been trying to buy nappies for his 1-year-old child and decided to confront the victim when he saw him take the park, the summary of facts said.
There are no bylaws in Lower Hutt preventing a person from parking in a parents' park.
Members of the public rushed to the victim's aid, but he remained unresponsive and suffered about 15 minutes of seizures.
When Tanirau Whaanga came out of the supermarket two minutes later, he walked past the victim and returned to his car, which was blocked in by another car.
A member of the public told him to stay where he was as police were on the way.
He was arrested when police arrived at the scene.
The victim was taken to hospital with multiple skull fractures, and was taken off life support the follow day.
No help for anger issues
Nicholls detailed Tanirau Whaanga's difficult childhood and tendency to respond violently and disproportionately when angered, saying he "bottled up" his feelings, "and it created a monster".
At the time of the attack, Tanirau Whaanga was also serving a sentence of intensive supervision for stomping on another person's neck.
Nicholls said probation officers knew he needed "psychological intervention to deal with his feelings of insurmountable anger" but didn't refer him to programmes that could help.
Medical notes showed Tanirau Whaanga was reporting hearing voices telling him to kill people when he felt wronged.
"The system failed the defendant and the system's failed [the victim].
"Someone's lost their life who may not have lost their life if intervention had happened."
The fatal encounter took place during a row over a car park at the Countdown in Knights Rd, Lower Hutt. Image / Google
In a statement read to the court, the victim's mother said she had not only lost her son, but also her "best friend".
She described her horror at being unable to rush to her son's aid without her wheelchair.
"That feeling is with me even now . . . I feel that I will turn around and he will be lying on the ground."
The victim's wife said she had been with her husband for 37 years and still couldn't bring herself to move his clothes from the wardrobe or his toothbrush from the bathroom.
"I've tried to move them but I get a sick, empty feeling when I touch them," she said.
"I have not slept a full night since December 3 . . . it's like a never-ending nightmare."
She described the attack as a "senseless" and "cruel" act .
Tanirau Whaanga read out a letter of remorse to the victim's family in court, saying he was "ashamed" and "highly dishonoured".
"It has broken my heart knowing what has happened . . . forever grieving in sorrow and regret," he said.
"I'm truly sorry from the bottom of my heart, and God bless."
Killer told police victim walked into his head
According to the summary of facts, Tanirau Whaanga told police he had "flinched", and the victim had walked into his head. He also said he thought the victim was going to attack him.
In court today, Justice Christine Grice described the attack as the victim's family sat crying in the public gallery.
She said it was clear from the CCTV footage the victim "did nothing to provoke that attack".
She also pointed out he had done nothing to offer help after the headbutt.
"You just left the victim on the ground and walked into the store.
"You were driven by what seems to be a haze of anger that didn't dissipate over the period of time that it took for you to find a park, park your car, and approach the victim."
He remained angry despite the fact he managed to get a park "seconds later".
