Wheel-rim attack on officer earns three years

The "gentle giant" who threw a 6.5kg wheel rim at a police constable, fracturing her skull, shattering her collarbone and nose, and breaking two teeth, was yesterday sentenced to three years' imprisonmentin the High Court at Hamilton.

But Waikato Bay of Plenty Police Association director Mel Ridley says the sentence is "not only light, it's too light", and hopes an appeal for a more lengthy sentence is possible.

"I'm a little disappointed," he said. "The Crown asked for four to six years, and our argument was quite compelling. A man of his size throwing a wheel on a vulnerable police officer - the sentence is a bit tame, really."

Stacey Roamana Pakaru, 28, was found guilty in August of causing grievous bodily harm to Tauranga constable Deborah Jay with reckless disregard for her safety - an offence punishable by up to seven years' jail.

The incident happened when a 21st birthday party at Welcome Bay, Tauranga, descended into chaos and violence on January 7.

Mr Ridley said a sentence of five years would have been more appropriate for such a brutal attack.

"How much more serious can you get before you kill someone, before it becomes manslaughter or murder?"

While Pakaru's lawyer Tony Balme told family after sentencing that three years' jail was the best he could have hoped for, some supporters expressed anger and frustration.

They suggested police also had something to answer for and that Pakaru had been harshly treated on the night of his arrest.

Mr Balme told Pakaru's father, Thompson Pakaru, that if all went well in prison, his son could be free on parole by this time next year.

Mr Pakaru accepted the sentence calmly and philosophically, and moved to quell disquiet among younger members of the family.

Bay of Plenty police superintendent Gary Smith told the Herald internal inquiries into police actions that night had been held, and he was satisfied with the way the situation had been handled.

"It was extremely difficult to deal with. People were affected by alcohol and took action because they saw some or part of incidents."

No formal complaint had been made to police about their actions.

Mr Smith said Ms Jay had earned a lot of admiration within the force for the way she had handled herself.

The court heard that she was currently overseas and that a restorative justice conference was therefore not possible.

It was revealed during sentencing that Pakaru had a history of violent offences, but Justice Lester Chisholm placed little emphasis on his criminal record, citing the minor nature of the offences.

Pakaru's record included charges of common assault in 2003, fighting in 1998 and assault against a police officer in 1997.

"Those need to be kept in context," Justice Chisholm said. "They attracted community work, fines, and a conviction and discharge.

"But they do indicate that at certain times - particularly when fuelled by alcohol - that you are not a gentle giant; you're probably more like a boy."

Justice Chisholm said an extraordinary number of letters in support of Pakaru had been sent to him, describing Pakaru's character as one of a loving partner and father, a hard worker, and "gentle giant" with considerable talent in rugby league.

He had been in a stable relationship with his partner of nine years, and the couple had a 6-year-old son.

Crown prosecutor Larry Meredith admitted to the judge that after depositions Pakaru had offered up a guilty plea on the lesser charge, in order to avoid a full trial.

However, prosecutors decided to push ahead in the hope of gaining a conviction on the more serious charge of causing injury with intent, which carries a maximum sentence of 14 years' jail - of which Pakaru was acquitted.

The judge said he was troubled by a report of an interview in which Pakaru inferred that the wheel rim had "flown" out of his hands as a result of police officers tackling him.

"It's a shame that was brought up in explanation to the probation officer, that he was pushed. It's ridiculous and it undermines your efforts to show remorse. It just counts against the extent of remorse and genuineness of it."

Mr Balme said his client had himself been traumatised by the incident and it had caused an ongoing emotional impact on him.

The judge said if nature had taken a turn against Ms Jay as she lay in intensive care in the days following the injury, she could have ended up dead.

The actions of Pakaru were spontaneous and "absolutely stupid".