Community detention, work sentences for Makutu accused

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Fri, 14 Aug 2009 12:00a.m.

All had been found guilty of manslaughter after a six-week trial (four of the five accused pictured)

All had been found guilty of manslaughter after a six-week trial (four of the five accused pictured)

The five people convicted of the manslaughter of Janet Moses during a curse lifting ceremony have all avoided jail terms.

The five were sentenced by Justice Simon France in the High Court at Wellington today.

There were tears from the dock and applause from the public gallery as community detention and community work sentences were imposed.

Ms Moses, a 22-year-old mother-of-two, died in Wainuiomata in October 2007 after attempts by members of her whanau to lift what they believed was a makutu, or curse, on her.

John Tahana Rawiri, 49, and Glenys Lynette White, 52, were sentenced to six months community detention, with a daily curfew of 9pm to 6am applicable from August 28. They were also sentenced to 300 hours of community work and supervision for 12 months.

Special conditions included undertaking a tikanga Maori programme, education as directed by the probation service and counselling or psychiatric assessment as directed by the service.

Aroha Gwendoline Wharepapa, 48, and Tanginoa Apanui, 42, were sentenced to 300 hours community work and 12 months supervision with the tikanga Maori and counselling or psychiatric counselling conditions imposed.

Angela Orupe, 36, was sentenced to 150 hours community work, six months supervision, with the counselling or psychiatric assessment conditions.

All had been found guilty of manslaughter after a six-week trial.

Three others were found not guilty and a ninth defendant was discharged after Justice France said there was not enough evidence to charge her.

A man and woman with permanent name suppression who denied wilful cruelty towards a 14-year-old girl during the makutu lifting were found not guilty.

The court had been told the family believed Ms Moses had been possessed by demons after two family members stole a concrete lion statue from a hotel in Greytown, in Wairarapa.

Water was forced into her mouth and eyes to flush out demons and lift the makutu.

Ms Moses drowned and the 14-year-old girl's eyes were injured as people picked at the demons they saw in them.

The five found guilty were remanded on bail for sentencing on August 14.

NZPA
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Comments

19 Aug 2009 10:58a.m.

JOHN wrote:

How can people be raised in this country (get all the hand outs they would have had)get to the age of these people and still be so very Dumb !!

18 Aug 2009 08:47a.m.

Lisa wrote:

What is wrong with our justice system.

I am getting sick of having to defend myself and my people as Maori.

This crime was not ok and there would be very few people, especially Maori that would support this verdict.
All that the justice system has done is let five, possibly mentally imbalanced people back into society, who will probably think they have the right to do this again.




16 Aug 2009 03:11a.m.

Peter L wrote:

I agree this is a joke lets ask this judge this question, An Afghanistan family arrives in NZ as refugees and they are steeped in tradition older than NZ it self (Before the Maori even arrived) they have a daughter to fancies a NZ boy things take there course the father then kills his daughter as an Honor killing as tradition dictates. Are you going to let this family walk as well?

15 Aug 2009 08:20p.m.

Me wrote:

This is the biggest load of crap I have heard. They all should have been thrown in jail. If they really thought there was a 'curse' on this poor woman they should have contacted proffesionals to deal with it the 'right' way. Shame on the NZ justice system.

14 Aug 2009 10:53p.m.

Phil wrote:

So let me get this straight. Five people torture someone to death and the punishment is community detention. I think the CIA people currently accused of water-boarding interrogation techniques in the US should use the same defence and see if it works for them.

14 Aug 2009 10:45p.m.

alien wrote:

Anonymous, sorry but that is just typical trash. I work with spirits and other beings, and frankly it is time this rubbish to put to rest. There is no such thing as a curse, except to those who are weak and believe in it, and thus by believeing in it give it power. It is the creation of these backwards people, the manipulation of the weak. No, Anonymous, it is you and other cowards that force this crap on the weak who truly do not understand.

14 Aug 2009 05:53p.m.

Anonymous wrote:

This case is a very unique case that most people dont understand know the true depth of what happend the media only potray the bad things in every situation. Most of you will never understand the true depth and do not know the family well enough to judge. This was not intentional and was a pure accident. I give thanks to the decision of the Judge and much love to the WHANAU!!xoxo

14 Aug 2009 04:24p.m.

JO wrote:

I agree, this is a disgrace, they caused the death of a young mother, now two innocent children have been robbed of their 'Mum' and what do they get, it is yet another indictment of our pathetic justice system. Tell me who were the tears for in this picture, not the victim!

14 Aug 2009 01:53p.m.

Angie wrote:

Accidents happen all the time this was not one of those, this treatment was delibrately done to this woman.
We don't have the death penalty in New Zealand
So why was she killed for her sins or for being possessed by demons by mere mortals.
I can not believe that the courts have stood for this nonsense.

"He who is without sin may be cast the first stone"

Please no more madness New Zealand, too many people are dying of murder or manslaughter. Everyday it is happening surely we have enough to deal with with weather problems and illness. Surely, the idea is to support our friends or relations through these not kill them. Death is final there is no coming back.

Be kind to each other
He without sin may he cast the first stone"

14 Aug 2009 01:40p.m.

Jackle wrote:

What a precedent this has now set, if you want to get away with murder claim you were just behaving under religious & customary beliefs and you will be slapped with a wet bus ticket. I would love to see a legal comparison with a group of non maori who have done a similar thing resulting in death. What a joke