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Taranaki gang member fails in appeal bid

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Tue, 20 Dec 2011 2:40p.m.

A gang member who waited by a car while his mate murdered a man he thought was a part of a rival gang will continue to serve his manslaughter sentence after losing his Supreme Court appeal.

On Tuesday the court ruled against Black Power member Mahana Edmonds, who was jailed for 14 1/2-years in 2010 after being found guilty of manslaughter for his part in the death of scaffolder Peri Niwa, 31.

Mr Niwa was fatally stabbed in New Plymouth in 2008 because Black Power gang members thought he was a Mongrel Mob associate.

Mr Niwa was neither a Mongrel Mob member nor associated with the gang.

Matiu Pahau, who stabbed Mr Niwa as he tried to climb into the window of a house, was found guilty of murder.

Edmonds, who had remained by the car armed with a gun but yelled "go, go, go" to his mates as they chased Mr Niwa towards the house, was convicted of manslaughter, along with two others.

Edmonds had appealed through the courts on the basis that the trial judge should have directed the jury to find him guilty only if it was satisfied he knew Pahau was carrying a knife, rather than just a weapon.

But the five Supreme Court judges unanimously dismissed his appeal, saying the jury could conclude Edmonds - who admitted being a gang member - knew Pahau was armed and there was a "substantial risk of death".

NZN

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