Sentenced to four years, three months - could be out in August

Prestman Vesiputa Tauira. Photo / Greg Bowker

The man found guilty of driving his car into another man and dragging him 2.4km could walk free in August, despite being sentenced last week to four years and three months in prison.

Prestman Vesiputa Tauira pleaded guilty to manslaughter and was sentenced in the Auckland High Court on Friday.

However, Tauira has already spent 17 months - or one third of his sentence - behind bars between being arrested and his first trial.

Convicted criminals who have spent time in custody, prior to being sentenced, can have time already served taken off their sentence. They can also apply for a parole hearing after serving one third of their sentence.

That means, if Tauira's parole application is successful, he could be out of prison as early as August.

According to Tauira's lawyers, his parole hearing has been set down for July 24.

New Zealand Parole Board spokeswoman Sonja de Friez said it generally takes between two and six weeks for a release but it is unusual for an offender to be successful at their first hearing.

Tauira's two Auckland High Court trials, in December 2007 and last November, ended when jurors were unable to decide if Tauira was guilty of murdering Faafetai Lafolua, 24, in Otahuhu in August 2006.

Tauira was granted bail under strict conditions following his first trial.

His lawyer, Richard Earwaker, said today that Tauira did not apply for bail before his first trial because he felt "extreme responsibility for what he had done".

The man he killed, Mr Lafolua, has three young children. Mr Lafolua was in a fight at a vigil where a shrine had been erected for a man shot in a gang conflict, when Tauira drove his car into the crowd.

Mr Lafolua was killed instantly. Tauira admitted driving the car into the crowd, but said he was trying to break up the fight and didn't know Mr Lafolua was being dragged underneath his car.

The Crown said he either intended to kill someone or should have known that was the likely outcome.

However, after the first two trials, the Crown downgraded Tauira's charge from murder to manslaughter. Tauira pleaded guilty to manslaughter.

In his sentencing last Friday, Justice Chris Allan said he was impressed by a business plan that Tauira had created and intended on setting up once out of jail.

"It is a most unusual document for a judge to see," Justice Allan said.

Mr Earwaker told the court that Tauira was remorseful and had completed anger management and alcohol courses while on remand.

He also said Tauira had written a letter to the Lafolua family.

However, outside court on Friday, Mr Lafolua's family said the sentence was of little consolation.

Christine Lafolua, a cousin of Mr Lafolua, said the family had just celebrated Faafetai's birthday at his grave-side last week, along with his son who turned 10 on Monday. She said the family were hoping for a sentence of eight years.

"We're still angry, we think it is a pack of lies," Ms Lafolua said.

"We're not looking forward to that letter. We don't think it will do anything," Ms Lafolua said.

* An earlier version of this article stated that it was Parole Board spokeswoman Sonja de Friez said Tauira's parole date was set down for July 24. This was mis-attributed.