By Emma Jolliff
The five family members convicted of the manslaughter of a young woman who died in a Makutu, or Maori curse-lifting ceremony, have escaped jail terms.
Three family members were instead sentenced to community work and two to community detention, which imposes a nightly curfew on them for six months.
Justice Simon France said the five remained culpable for her death and that "madness reigned in the room" when she died.
It is nearly two years since 22-year-old mother of two Janet Moses died at a house in Wainuiomata.
Ms Moses had water poured into her mouth and eyes for hours as part of a Makutu.
It was thought she had been cursed as a result of her sister stealing a statue of a lion from a pub.
Justice France said the case posed a unique dilemma.
“Does one stand in the shoes of the accused armed with their deeply held beliefs and convictions and their fears for Ms Moses life,” he says.
“Or does one stand in the shoes of the public who are no doubt amazed and horrified that such things can still happen today.”
The Crown had sought up to six years jail for Ms Moses' uncle John Rawiri and aunt Glenys Wright, who the judge said were "mostly responsible".
Instead, they were sentenced to 300 hours of community work and 12 months supervision, and six months community detention.
The other three aunts were sentenced to community work and supervision.
Defence lawyer Greg King says prison was too harsh given the circumstances.
“I think it would have been an absolute travesty for anyone to have gone to prison for what was really a crime of love,” he says.
In summing up, Justice France said the five were culpable in that they killed Ms Moses and even carried on pouring water down the throat of someone else after her death.
Justice France said, however, they had a genuine and firm belief in Makutu and ended up in a situation they could not handle.
3 News