Memorial to Tanya Burr, killed 15 September 2002

Sentencing Postponed - Again

Sentencing in Burr case postponed for second time

Miss Burr's mother, Kelvin Grove resident Val Burr, said she has been told the delay is due to the presiding judge, Justice Baragwanath, waiting for two landmark appeals to be heard before he rules on her daughter's murder.

The sentencing of 17-year-old John Michael Jaymain Wharekura was due to take place last Thursday in the Rotorua High Court. It was postponed from June 20. A new date of August 22 has been set.

Ms Burr said changing of the sentencing date has been stressful for her and her family, with plane tickets and motel bookings having to be changed and incurring costs.

Ms Burr said she was told by the crown prosecutor in the case, John McDonald of Rotorua, that Justice Baragwanath was waiting to hear the outcomes of the Piggot and Choy murder appeals. Both involve the sentencing of young people.

"I was told by Mr McDonald in a conference call on June 23 that the date has been changed for the judge to get an idea about sentencing in these types of cases. I can understand that but it is stressful and inconvenient to have to change bookings all the time.

"My sister loses $60 every time she has to change her flight booking from Wellington. Other family members and friends have to arrange time off work and that messes up employers and also weekly earnings if the time off can't be undone.

"How do we know this will be the last time?"

The Manawatu Standard tried several times to contact both Justice Baragwanath and Mr McDonald to discuss Ms Burr's comments but was unable to do so.

Court officials in Rotorua were unable to give an official reason for the postponement.

Miss Burr was stabbed to death by Wharekura in her Rotorua flat on September 15.

On May 26 he pleaded guilty in the Rotorua High Court to her murder.

http://www.stuff.co.nz/stuff/eveningstandard/0,2106,2561758a6502,00.html

My sister's losses from unused plane bookings ended up totalling $320, the first lot being two $60 fees for changing her return bookings to the second date, and the remaining $200 being the whole fare snapped up when there was no subsequent date to alter the flights to as the time ran out. In the end she flew up from Wellington and travelled back by car to Palmerston North and caught the Auckland-Wellington train back to Wellington - having arrived direct from Rotorua (four hours drive away) with fifteen minutes to spare.

We don't know what happened to Justice Baragwanath (Auckland circuit - which includes Rotorua), but Justice Neazor from the Wellington circuit ended up doing the sentencing.