IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2013-090-000475 [2014] NZHC 2142
THE QUEEN
v
CALEB ELI AFAMASAGA KEVIN TERRENCE BANABA JOSHUA MAKALIMA EDGAR LALONI
SOSAIA LALONI SAMUEL LACHMAIYA
Hearing: 5 September 2014 Appearances:
W Cathcart, A Longdill and H Musgrave for the Crown
P Hamlin for Defendant Afamasaga
M Pecotic for Defendant Banaba
M Wharepouri for Defendant Makalima
M Clark and E Davis for Defendant Edgar Laloni
A Holland for Defendant Sosaia Laloni
G Gotleib for Defendant LachmaiyaSentence:
5 September 2014
SENTENCING REMARKS OF WOOLFORD J
R v CALEB ELI AFAMASAGA KEVIN TERRENCE BANABA JOSHUA MAKALIMA EDGAR LALONI SOSAIA LALONI SAMUEL LACHMAIYA [2014] NZHC 2142 [5 September 2014]
Introduction
[1] Gentlemen, you each appear today for sentence on convictions entered against you following the death of Mr Daniel Turner and the shooting of Mr Jason Mataio on 18 December 2012 at Afton Place, Ranui. Save for the guilty pleas entered by Mr Samuel Lachmaiya, you were each found guilty by jury verdict returned on 3 July 2014 after a five week trial.
[2] Mr Caleb Afamasaga and Mr Kevin Banaba, you were found guilty of the murder of Mr Turner and of wounding Mr Mataio with intent to cause grievous harm to him. Mr Joshua Makalima, you were found guilty of the manslaughter of Mr Turner. Mr Edgar Laloni and Mr Sosaia Laloni, you were each found guilty of being an accessory after the fact to the murder of Mr Turner. Mr Lachmaiya, one week before trial you pleaded guilty to being an accessory after the fact to the murder of Mr Turner and to one charge of possessing a firearm on 16 December
2012.
[3] In addition to those charges each of you, except Mr Afamasaga, appear for sentence on one representative charge of selling cannabis to which you pleaded guilty in the District Court on 22 July 2014. I now formally enter convictions against you all except for Mr Afamasaga on that charge.
Background
[4] Mr Afamasaga, Mr Banaba and Mr Makalima, you are patched members of the King Cobra gang. At the time of the shooting on 18 December 2012 you, Mr Afamasaga, were a prospect of the gang, but you have since become a patched member. The victim, Mr Turner, was the leader of a rival group. Two days before the shooting a confrontation between the groups occurred at Kingsdale Reserve. There you, Mr Afamasaga and Mr Makalima, were humiliated when, outnumbered by the opposing group, you were forced to run away from a fight. That incident was part of rising tensions between the two groups around this period.
[5] The Crown’s theory at trial was that you two and Mr Banaba formed a plan
on the evening of 16 December to exact retribution on Mr Turner, who had stepped
forward as leader of the opposing group, by shooting him. The plan was initially to shoot up Mr Turner’s house with a .22 calibre rifle to which you had access. Text message records…
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- R v Afamasaga [2014] NZHC 2142
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- [2014] NZHC 2142
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