Road rage victim had less-than-spotless driving record

Toma-akino Lauaki

Toma-akino Lauaki wanted an apology. But he lost control and now has lost his freedom for five years.

In what his lawyer Frank Hogan described as a monstrous act on August 23, Lauaki attacked truck driver Barry Fletcher, putting him in hospital for six days.

The road-rage attack by Lauaki in Mangere was captured on security film and broadcast nationwide as police searched for the offender.

But Mr Hogan told the Manukau District Court yesterday that Lauaki, who handed himself into police, was no monster.

He wanted an apology from Mr Fletcher for what he says was a "near-death experience" when Mr Fletcher's truck ran him off the road.

Judge Jane Lovell-Smith heard when Lauaki, 35, pulled out into a line of traffic, leaving the Mangere bakery where he had taken his children for a treat after their sports day, Mr Fletcher's truck pulled up to the rear window of his van tooting his horn.

Affidavits from Lauaki and his wife, Valeti, said all they could see was the truck's grille and as they went to turn off, Lauaki said, the truck passed so close he was squeezed to the roadside.

Lauaki followed the truck and when it stopped he rained blows with a claw hammer on Mr Fletcher before dragging him from his cab. He suffered multiple fractures and bruises.

Mr Hogan said the situation had been amplified because Lauaki, a quiet man by nature, respected by the community and his Catholic Church, was stressed, his wife seriously ill.

Mr Hogan has said he would appeal against the five-year prison sentence.

Crown prosecutor Bruce Northwood said it was clear something had caused the attack.

"The Crown has no problem with the notion that something occurred on the road causing this offending but whatever it was that sparked this episode was totally subsumed by what followed.

"His actions were extreme, totally outrageous."

The Herald has learned Mr Fletcher had left a driving job with PBT Group shortly before the attack after the company received four complaints about his driving in the four months he was a full-time employee there.

The Herald understands Mr Fletcher was given a written warning after two complaints from motorists to the company of him tailgating vehicles or nearly running them off the road.

The company received another two complaints after the warning letter and Mr Fletcher resigned.

Judge Lovell-Smith described the attack as cruel and sustained on a victim who was vulnerable, unarmed and caught by surprise.

She gave Lauaki credit for his early guilty plea, the stress he was under, his remorse, his perception of the event and the fact that he lacked previous convictions for violence.

"What you did, Mr Lauaki, was take the law into your own hands, which cannot be condoned in our society."

Outside court Mr Fletcher said he had used his horn, but the car horn rather than air horn, when the van pulled out in front of him.

"I did do that, I would do it again. I think somebody who does that needs to be warned."