Two years for helping assault toddler

A man who helped to viciously assault a 2-year-old boy has had his sentence halved for helping police to prosecute the ringleader and testifying against the toddler's mother.

When Kane Jeremy Tawa, 23, appeared for sentencing in Whakatane District Court yesterday, he was sporting a black eye that his lawyer said was the result of being struck by a fellow prisoner.

Tawa was sentenced to two years in prison for his part in the abuse, which happened over a seven-week period this year and ended with the toddler being admitted to hospital with severe head injuries.

The boy was later released and is said to be making a good recovery.

Harley Mac Wharewera, the man responsible for causing the head injuries and twice force-feeding the boy dog faeces, was earlier sentenced to 10 years in prison.

The boy's mother, Jill Tania Tito, has pleaded not guilty to permitting the wilful ill-treatment of a child and will stand trial next year.

Tawa had admitted joint charges with Wharewera of wilful ill-treatment of a child, which carries a maximum penalty of five years in jail, and assault of a child, which carries a maximum of two years.

The abuse happened while the men were boarding with the victim and his mother in Whakatane.

The police summary of facts said the men were aligned to Black Power and used gang call signs and signals during almost daily assaults, which they called "lags".

At yesterday's sentencing, Crown prosecutor Greg Hollister-Jones said the men's actions had parallels with American soldiers' abuse of Iraqi prisoners at Abu Ghraib prison, except that abuse had been inflicted on adults. "They [Wharewera and Tawa] mistreated a 2-year-old."

He said the Crown accepted that Tawa was not the main offender, nor did he feed the boy dog faeces, but he was present when that happened.

Mr Hollister-Jones requested a sentence of four to five years for Tawa.

Defence lawyer Gene Tomlinson said his client was "deeply ashamed of his gross misdeeds" and even more ashamed of the fact he did nothing to stop Wharewera.

He said Tawa had given police "significant assistance" at risk to himself, pointing to the black eye.

He believed a sentence of three to four years would be fair.

Tawa stood with his head bowed throughout the sentencing and had his back to the public gallery, where members of his family and the victim's family were seated.

Judge Peter Rollo said Tawa's offending was less than Wharewera's but was still "very serious violence" against a young boy.

He said Tawa had hit the boy and held him down while Wharewera jumped on to him from a windowsill.

"The obvious distress to the boy was ignored by you," he said.

Tawa was responsible for terrorising and traumatising the child.

"Only time will tell whether he has emotional and physical scars."

Tawa's pre-sentencing report showed he regarded Wharewera as a "bully" and "evil", but that he was disgusted with himself.

"You seem to have held Mr Wharewera and his violence and gang culture in awe," Judge Rollo said.

He said Tawa had apologised and asked for forgiveness in letters he wrote to the victim and the victim's family, and had said he had acted in a "disgusting way".

The judge gave Tawa credit for early guilty pleas and co-operating with police to apprehend Wharewera and appear as a prosecution witness in the case against the boy's mother.

The judge said Tawa was entitled to a 50 per cent reduction in his sentence for helping police, despite previous convictions for violence.

"It's important that people assist the authorities in such a manner."

A relative of the toddler stood up as Tawa's prison sentence was read out and yelled, "What a waste of time, he's an animal," before storming out of the court.