Wiremu Raana has been sent to prison for brutally beating a friend who was "pestering" him for vapes and tobacco.
When a man with mental health and communication issues became “gripped by an uncontrollable rage” at his friend who asked him for tobacco and vapes, he beat the man so severely the victim had to have part of his face reattached.
Now Wiremu Raana, who is profoundly deaf, does not speak and has schizophrenia, has been sent to prison for four years with the sentence incorporating a discount from the judge “out of concern” for how Raana would be managed in prison.
Judge Gregory Hikaka said at the sentencing this week that he had received a presentence report from the Department of Corrections which stated Raana, who is a high risk of harm and a moderate risk of reoffending, would not be allowed to partake in rehabilitation programmes due to his health issues.
The court heard Raana, now 40, and the victim, in his 60s, were both living in supported accommodation with Pathways, a community-based mental health, alcohol, and drug support service, in New Plymouth.
Raana, the victim and another resident were in the victim’s unit.
The judge said the victim had been “pestering” Raana for tobacco and vapes when Raana lashed out and punched him in the side of the head twice.
The victim fell off the couch and onto his knees and Raana continued to assault him for “an unknown period of time”.
The concussed victim was later found crawling outside calling for help.
He had significant facial injuries including three fractures to his jaw, a fractured eye socket and fractures to his nose.
He suffered extensive swelling and bruising to his face, neck and chest.
He also suffered optic nerve damage and it is unknown whether he will regain full sight in his left eye.
The judge said the victim was in intensive care and needed surgery to reattach part of his face to his skull base. He had several plates and screws inserted to “put his face back together”.
The victim’s sister told the court through a victim impact statement that the recovery has been long, physically and emotionally.
She said the assault was deeply traumatic and so serious it could have easily been a homicide, which the judge said was a fair comment.
‘Deemed unsuitable’
Crown prosecutor Rebekah Hicklin described the violence as extreme, submitting it was an unprovoked and gratuitous attack on a vulnerable person.
She pointed out Raana’s 13 previous convictions for violence and highlighted the need to protect the community from him.
Hicklin accepted some mitigating factors were present, including that Raana is deaf and jail will be harder on him, as well as his mental health issues.
For Raana, Keegan told the court there was a background of the victim annoying Raana and other residents for vapes and cigarettes.
“On this particular day, it had gotten to the defendant who is a huge man with profound mental health issues and is prone, clearly, to frustration and also prone to violence,” Keegan said.
“Gripped by an uncontrollable rage in relation to these issues, and without seeking to justify it at all, he has beat up his friend to a high degree.”
Keegan accepted the attack as frenzied and said the victim, who was “a smaller man”, was vulnerable and would have been quickly overpowered.
He submitted Raana, who was once offered a professional contract with a New South Wales rugby league club, was due credit for his guilty plea, his upbringing and his disability which makes him prone to frustration and was a causal link to violence.
Keegan also submitted that prison would have a disproportionate effect on Raana as opposed to somebody with “full faculties”.
“It is that subjective experience of being confined, being in prison, and needing an interpreter to communicate.”
Keegan was advised there was a lack of interpreters available in prison and Raana would not get one for his induction into prison and basic interactions.
He referred to the “grim” presentence report that stated rehabilitation had not been discussed with Raana “due to the complexities around communication”.
“Because of his physical and mental health issues (caused by his hearing impairment), he has been deemed unsuitable to attend any rehabilitative programmes in the prison or the community at this time,” the report stated.
It said the health issues were considered barriers to gaining the full benefits of one-on-one therapy and that his case manager in prison had confirmed this.
Keegan said it was “quite unsatisfactory” and the implication for Raana, who had an interpreter in court to assist him, was the “difficult time” he has in prison will be elongated.
“You can imagine what will happen with the Parole Board and what a difficult prospect for an early release he will be without any therapeutic intervention.”
‘Put the court in an awkward position’
Judge Hikaka said the report’s comments about rehabilitation were “really concerning”.
“It is something that I would like to think that the authorities and the senior management in Corrections would reconsider their stance and at least make sure that the minimum communication issues are attended.”
A probation officer in court said Corrections had managed Raana on several occasions and he had previously been convicted of assaulting Corrections staff.
She said the agency often managed people with special needs and provided them with rehabilitation.
“But on this occasion, we just can’t,” she said.
Judge Hikaka said it “put the court in an awkward position” because Raana had accepted responsibility and would be in prison for a long time.
“And yet you’re telling me you just can’t do anything with him? It sounds awful.”
The probation officer said prisoners have to be motivated for rehabilitation but Judge Hikaka asked how Corrections could know whether he was when it was not discussed with him.
Keegan responded it was a resource issue, not a behavioural one, and later told NZME it was “appalling and unacceptable that Corrections will not provide a deaf-mute schizophrenic with any rehabilitative programme during a lengthy prison sentence because they won’t pay for an interpreter.”
He said it was short-sighted and in the community’s best interest that Raana was given the chance to rehabilitate.
In sentencing Raana, Judge Hikaka took a starting point of eight years imprisonment before allowing credit for the guilty plea, Raana’s background, his mental health and communication issues and the link between those issues and his offending.
The judge gave further credit “out of concern” for the management of Raana in prison.
He said it would be “particularly severe” for him to be in that environment with the challenges he has, and that he is expected to “express some sort of motivation before they will even make available to you rehabilitation options but then not having people who can communicate with you”.
Following inquiries by NZME, Corrections stated there had been an error in Raana’s presentence report.
“It appears there was a miscommunication in this report presented to the Court which should have stated he was not suitable for ‘group’ rehabilitation programmes due to his hearing impairment,” Juanita Ryan, deputy chief executive Pae Ora, said in a statement.
“The word ‘group’ was unfortunately omitted. The report should have reflected that one-on-one therapy with an interpreter is an option for rehabilitation. This has been addressed with staff and staff have been reminded of the need to ensure precise and correct information is presented in court to avoid any confusion or ambiguity.”
Ryan said Raana would receive rehabilitative treatment in prison, and staff were working on assessing his options and placing him into the appropriate programmes based on his risk profile and the nature of his offending, as well as his hearing impairment.
When NZME pointed out it was more than just an omission of the word “group” as the report clearly stated “both [health issues] are considered barriers to gaining the full benefits of one-on-one therapy”, Ryan reiterated the wording in the report was not clear.
Ryan said there are currently 94 people in prison and serving community sentences who have a hearing impairment.
Corrections do not employ sign language interpreters but uses iSign to provide in-person and online video interpreter services.
“iSign interpreters are available for engagement between our staff and people in prison when required at critical times including initial contact, pre-sentence/PAC interviews, New Zealand Parole Board interviews, legal meetings and when discussing health needs,” she said.
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.