Trio jailed for aggravated robbery after gun malfunction saved employee

CCTV footage of the armed men. Photo / NZ Police

A victim of a Hamilton aggravated robbery was saved from being shot in the neck due to a malfunction with the gun.

The three men who each had a variety of involvement in the violent aggravated robbery of the Frankton TAB in Hamilton last year were all jailed when sentenced in the High Court at Hamilton today.

However a large number of charges originally laid, including attempted murder, against Te Aihurangi Edwards Tangiora, 26, Duncan Kereama Watts, 33 and Darren Joseph Mark, 28 were withdrawn by the Crown today.

It means that the file will remain unsolved for the aggravated robbery of the Still Working Bar, Hamilton, on May 18 last year in which $18,780 in cash was taken.

The trio, who were all associated with the Westside Outlaws street gang, was only charged over the Frankton aggravated robbery.

Tangiora not only had his attempted murder charge withdrawn but also the two aggravated robbery charges.

Instead, he was jailed for a late night burglary of the Te Runanga Adult Learning Centre, Hamilton, on May 23, last year, two charges of using a document and a charge of participating in an organised criminal group in regards to the robberies.

Tangiora appeared to also have a bit of luck with his jail term after Justice Pamela Andrews admitted getting her calculations wrong in her sentence indication which she gave on May 6.

Justice Andrews said she would hand down a sentence of 32 months but take off 15 per cent, arriving at 25 months. However she admitted today that figure was wrong and was actually a 22 per cent discount.

Despite that, she gave Tangiora a further 15 per cent discount for remorse and attempt to take part in restorative justice, ending at 23 months.

Tangiora's case has been courted in controversy after it was alleged earlier this year that he had an "inappropriate" relationship with Hamilton Detective Shelley Begbie, both before and after the robberies had taken place.

She has been stood down and under investigation since June last year. Police have confirmed the internal inquiry is ongoing.

Watts was jailed for five years and 10 months for his part in the robbery. Watts was armed with a hunting knife while a second, unidentified, man held a sawn-off shotgun gun as they demanded staff, including TAB agent James Cunneen, empty the contents of the safe.

The second staff member tried to push the gun away from being pointed at him, but was then punched before the offender put the gun to his neck and pulled the trigger. It did not fire.

"It was intended to fire and he tried to fire it several times, pointing it up in the air as well," Justice Andrews said.

About $3,200 in cash and vouchers and $1,500 in personal property was taken.

Mark, who was unarmed but detained TAB patrons, was also jailed for five years and 10 months.

Mr Cunneen, reading his victim impact statement, said the incident had not only cost them a lot of money - both on the night and loss in revenue since - but also caused huge amounts of stress on those involved, including himself.

He said he would also never forget one of his visiting staff members also being threatened with becoming a paraplegic after having the gun pointed at his legs.