Family avoided jail because they were Maori - Mallard

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Mon, 17 Aug 2009 12:00a.m. UPDATED AT 11:48AM

All five family members on trial (four pictured) were found guilty of manslaughter

All five family members on trial (four pictured) were found guilty of manslaughter

The five people convicted on Friday for the manslaughter of Janet Moses escaped jail because they were Maori, Labour MP Trevor Mallard says.

In the High Court at Wellington, Justice Simon France imposed community sentences on the five for their roles in the curse-lifting ceremony which killed the 22-year-old mother of two.

Ms Moses drowned as water was forced into her eyes in an attempt to flush out demons.

The ceremony took place in 2007 at a small Wainuiomata flat, crammed with more than 30 whanau members.

Mr Mallard, MP for Hutt South and a Wainuiomata resident, made the claim on Labour Party blog site Red Alert.

"The fact that they weren't sent to prison because they are Maori just doesn't seem right to me," he wrote.

"I accept that they almost certainly would not reoffend and prison may be an expensive waste of time. And there are too many Maori in prison.

"But I am certain that a Pakeha exorcism that resulted in torture and death would result in a prison term - albeit not necessarily a long one."

Speaking on Radio New Zealand this morning, Mr Mallard acknowledged it was not normal for an MP to comment on sentencings .

"It is a very unusual set of circumstances and I think in this case the judge got it wrong," he said.

"I think there is a lot of sympathy for the individuals involved. They did get caught up in some sort of hysteria. They were sleep deprived.

"But there's just not an acceptance either from the vast majority of Maori or Pakeha people that you can effectively torture someone for well over a day...causing death, and there not be a jail sentence."

Mr Mallard stressed he did not want to be seen as putting pressure on Solicitor General David Collins QC to appeal the sentence.

He said it was, on the whole, not desirable for MPs to begin voicing their opinions on court cases.

"It wouldn't be (good) and you can't have people second guessing judges all the time. Clearly this is exceptional.

"If I was a minister, for example, part of the executive, it would have been less likely and less appropriate for me to do it.

"But I am a representative of my community and I think people shouldn't hide away views like this."

Mr Mallard said he was against a separate judicial system for Maori and encouraged discussion which could lead to better understanding of issues.

"I do think we've got to have one system for one country. There can on occasion be sentences that are mitigated by particular circumstances.

"But I think you've got to do that on a rational, planned sentencing council-type basis rather than an ad-hoc decision to give a particular group what is seen to be and what is actually a very, very lenient sentence, probably based on their ethnicity." Mr Mallard was not alone in his criticism of the sentence. Prominent defence lawyer Barry Hart said last week the judge had been too lenient.

"It doesn't matter how you look at it, the sentences are really light," he told the Dominion Post.

Crown Law said it was too early to consider an appeal.

Prime Minister John Key said while he did not condone the actions of Ms Moses' killers, he believed they were "truly misguided but not malicious".

"If the judge really believed that they didn't go in there with the intent to kill, if they went in there because they truly in their hearts believed the person was possessed, then I'm not sure locking them up would achieve a lot.

"I'm all in favour of putting people in prison...but that's if they're a danger to society," he told NewstalkZB.

NZPA

Trevor Mallard speaks to Maggie Barry on RadioLIVE.

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Comments

17 Aug 2009 08:09p.m.

Travis wrote:

And we all thought waterboarding only took place in Guantanamo. Better be careful when we are critical of the US.

17 Aug 2009 06:33p.m.

Alien wrote:

and so were so many other slaps on the wrists handed out under your government Trevor, and yet, for 9 years you lost did nothing but soften it up and ignore the publics demand for tougher sentences.

17 Aug 2009 06:01p.m.

Ricardo wrote:

God it really pains me...but I must admit I agree with Trevor on this one. No one with lighter skin would get away with this neanderthal BS. What a joke....demons...hello....aren't we supposed to be a first world country.

17 Aug 2009 02:22p.m.

Mark wrote:

In their minds they set out to help her; however they ended up killing her so the consequences following that must be appropriate. To only be given community detention and community work sentences for conviction on manslaughter charges is far too light. After all a life was lost and two children are now left without a mother. If she was in fact 'cursed', these individuals should have left it to professionals to deal with - clearly this whanau weren't professionals and ended up taking her life as a result of negligence.

The sentence handed out won't deter other whanau’s from carrying out an exorcism, so I think we will see others die needlessly in the future as well. I believe the convicted got off lighter in terms of their punishment because they are Maori, and I agree with Trevor Mallard, that if a white mans exorcism attempt had gone horribly wrong like this one did, then jail would probably have been a part of the sentence. This difference in sentencing is part of a bigger issue though, called positive discrimination.

I have recently returned from living overseas, and I have to say that that this country is racist; however not in the way you might think. I believe there is racism towards Maori - and that is not right or just, but as a white person there is a lot of positive discrimination towards us white folk too. Examples include free tertiary education for Maori, lower assessment grades required for Maori to become a doctor or lawyer, a Maori political party that only cares about 'our' people, government initiatives to get Maori back into the work force - what about all us white folk that have been made redundant?

I don't expect to get anymore than my Maori friends, but I also don't expect to get less. It should be one rule and approach for all - and that applies to sentencing as well.

17 Aug 2009 02:19p.m.

Pauleen wrote:

I agree with Trevor, five people took the life of a very sick person, how sad is that?,and all they get is a slap- on- the hand.shame,price of life huh in good old NZ.

17 Aug 2009 01:33p.m.

ross wrote:

good on you trevor in the 17th century they drowned witches i really think maori consider them selves past that , torture and killing should not be justified in any culture , how 3rd world does this make us

17 Aug 2009 01:07p.m.

Beth wrote:

These people have all been convicted of manslaughter. None of these people intended to hurt the deceased in fact the opposite, they were trying to help her. They were all visibly shocked and dismayed that eventuated in a death. There were 30 people in the flat, surely they are all guilty, no one stopped it but these 5 will have the conviction and have to live with this tragedy for the rest of their lives, by the look of them, it is a life sentence. Everyone hates it when they try to help and fail, it's human nature. It is sad that two children have lost a mother and that her life was cut so short. I hope many people have learned by this experience and that it was not in vain.

17 Aug 2009 01:04p.m.

Cassidy wrote:

Well thanks Trevor, for misleading the public and making maori look more like they get greater preferential treatment in court.
Since when did the Judge say "you will not go to jail because you are Maori", this is not a matter of race but you have undoubtly like to make things up. I guarrantee you will not have the Lower Hutt/Wainuiomata electorate next time round buddy.
This family were trying to help thier niece not kill her. Since when does a police officer go to jail for killing an innocent person. NEVER!!!!!
It is their job as family to provide help. What should they have done? Sent her to a mental institution, which wouldnt have helped her anyway apart from drug her up.....

17 Aug 2009 12:58p.m.

Ruth wrote:

I did not ever think I would say i would agree with you Trevor but boy are you right on this one

17 Aug 2009 12:26p.m.

Lindsay wrote:

There are just two choices here:
Murder
Manslaughter
I believe it to be manslaughter which must always include a jail term the length being determined by the details of the crime. Otherwise we must investigate other levels of punishment for when someone is killed by anothers actions.