Memorial to Tanya Burr, 1981-2002
Aspects of Serious Youth Crime in New Zealand in September 2002
(Part Five)
Another Pizza killing and a Bank Teller - May 2002
Although the Doig and Vaughan murders differ from the others I've covered, in that the killer had reached the grand old age of 18, and they didn't involve September 2002 like the Choy, Pigott, Taylor and Harcombe - and of course Burr - killings, they provide another powerful glimpse of what was going on in terms of the shock of murder upon the New Zealand community - especially the Auckland community - durring 2002.
For example, in March 2002, some 500 people attended a public meeting at Papakura High School (Auckland) in response to a call by Michael Choy's mother that something more be done to prevent crimes such as those that killed her son. Then in May 2002, about 500 people held a candlelight vigil outside the ASB Bank in Mangere Bridge (Auckland) the day after John Vaughan had been killed there.
This was followed by a street march in memory of murder victims held in Auckland by some 900 people on 10 July 2002. It was also just before the General Election - and a week before the sentencing of the 18-year-old gunman covered on this page.
Increasing the sentences of murderers (preferably to 'life means life') was a key aim. What a pity at least one young wannabe killer kid wasn't listening...
On the evening of 8 May 2002, part time pizza worker (and full time bank worker), Marcus Doig (23) was shot dead with a 22 caliber rifle during a robbery on the Pakuranga Pizza Delivery Company. Another staff member was lucky to escape injury. The killer escaped from the shop with a mere $250.
On 15 May 2002, before that killer could be found, a similar hold up occurred at the Coronation Rd branch of the ASB bank, in Mangere. This time the victim was John Vaughan (44), who died a few hours later in hospital. He was shot just after he had handed his killer a bag containing $5,830. These killings were likened to executions.
The police were sure that the same individual carried out both attacks, and also another at the East Tamaki TAB on April 22. However, no-one had been hurt in that earlier robbery. Key features of the two killings, which occurred 12 kms apart, were that both victims had both been co-operating with the gunman at the time they were shot. Both times he had also screamed obscenities, worn similar cut off denim shorts and used the same rifle - believed to be a semi-automatic .22 calibre weapon. Both victims also died from a single shot to the head.
On 16 May 2002, the police stormed a family home in Mangere and took away a man in relation to the two killings. At around the same time, five hundred people were gathered together for the aforementioned candlelight vigil outside the ASB Bank in Mangere Bridge where Vaughan had been shot the previous day.
The result was the arrest of the gunman, Ese Junior Falealii, aged 18 (whose parents had recognised him in photos from the bank's security system, and turned him in), and two associates aged 26 and 24. A fourth person, aged 25, was added to the little group a few days later.
Thus ended the first phase of an episode that had left the people of south Auckland terrified. Just as those of us who live in Kelvin Grove suburb, Palmerston North, had felt for many weeks following the mysterious axe murders of the Lundy family in 2000, people in the Auckland area had been reduced to feeling under siege from the two shocking murders. Meanwhile, Falaelii suffered nightmares about what he had done. On 19 June 2002, he pleaded guilty to eleven charges, including the two murders.
On 19 July 2002, Falealii was sentenced to life in prison, with a non-parole period of 17 years and nine months. At the time this was the second-longest non-parole period for murder handed out in New Zealand. It was also revealed that he had been taking the form of methamphetamine known as 'P'. Probably this was the first time most New Zealanders had ever heard of the drug 'P'. He claimed that the purpose of the holdups was to pay off drug debts.
Justice Potter, who sentenced Falealii, said his crimes warranted a 20-year non-parole sentence but that she was obliged to take off two years for his early guilty plea and three months for other reasons.
This kind of makes me wonder even more about why Wharekura received three years discount for the 'early guilty plea' we succeeded in not noticing until nine months after Tanya's death!!!
By mid-August 2002, the Solicitor-General was seeking a longer sentence for Falealii. However, the sentence remained.
Throughout September-November 2003, the four men who had set up the robberies went on trial for their roles in them. This time Falealii was also among those giving evidence against them. He said he had decided to give evidence for the prosecution because he did not want to be a scapegoat for what others had done.
Thus on 22 November 2003, two of these men were found guilty of the murders of Doig and Vaughan (through their influence over Falealii at the time), while a third was convicted of manslaughter. The fourth was found guilty of two armed robberies.
On 19 February 2004, the two found guilty of murder, William Logan Johansson and Joseph Sam Samoa, received life sentences with minimum non-parole periods of 23 and 22 years respectively. Meanwhile the man found guilty of manslaughter received 11 years in prison, with a minimum non-parole period of six years.
In sentencing them, Justice Randerson said the culpability of Johansson and Samoa in the killings was higher than that of Falealii, who had pulled the trigger. The court had earlier been told they had schooled Falealii in the art of armed robbery. Falealii had said he took part in the robberies to pay a drug debt to Samoa, and pulled the trigger after smoking pure methamphetamine, or 'P'.
Johansson and Samoa duly appealed their sentences. However, in August 2004 Justices Anderson, Young and Chambers said there was no merit to their arguments that the starting point used for their sentences was too high, and that their sentences were unfair in relation to that of Faleali'i. Their appeals were therefore dismissed.
I feel that this was a good example set. I wonder about how many individuals should have been treated the same way in terms of the way they too set Wharekura in motion as a vicious, unfeeling, little killing machine...
The following article gives an idea of recent sentencings for murder in New Zealand to February 2003 - albeit that at least one I have referred to is not mentioned. This is Daniel Luff (17), who was sentenced to life imprisonment with 17-years non-parole for killing Detective Constable Duncan Taylor and wounding another police officer near Palmerston North, in September 2002.
Also of note is Mark Lundy, whose wife and seven-year-old daughter were horrifically murdered in their home with a small axe in 2000 - about half a kilometre from our own home. I read that his appeal had been lost the day we arrived in Norway in August 2002. I recall remembering our own nightmares and traumas resulting from the killings and thinking "thank God that's over. I hope I never have to go through anything like that again." Five weeks later Tanya was dead.
Longest non-parole periods in New Zealand history - to Feb. 2003
NZ
Herald - 13 February 2003
* Feb 13, 2003 - William Bell, 25, jailed for a minimum non-parole period of 33 years for killing three people at the Mt Wellington-Panmure Returned Services Association on December 8, 2001.
* Dec 2002 - Bruce Thomas Howse, 40, 28 years non-parole on his life sentence for the murders of his stepdaughters Saliel Aplin and Olympia Jetson in their Masterton sleepout on December 4, 2001.
* Aug 1995 - Joseph Stephenson Thompson, 37, the south Auckland serial rapist, 25 years non-parole for the rape and sexual assault of women and girls over a 12-year period.
* July 1998 - Malcolm Rewa, non parole period of 22 years on his preventive detention sentence a series of sex offences between 1987 and 1995. Rewa pleaded guilty to raping six women, but a jury later found guilty of raping 13 others.
* Aug 2002 - Mark Lundy, killed wife Christine and seven-year-old daughter Amber in August 2000, received 20 years non-parole on his life sentence;
* Oct 2000 - Taffy Hotene, who killed Auckland journalist Kylie Jones, received an 18-year non-parole life sentence for murder, and preventive detention for raping her in October 2000;
* July 2002 - Ese Junior Falealii, 18, sentenced to life, with a non-parole period to 17 years and nine months for the murders pizza bar worker Marcus Doig, 23, and bank teller John Vaughan.
* Nov 2000 - Scott Watson, jailed in September 1999 and later sentenced to a minimum 17 years' jail for the murders of Blenheim friends Olivia Hope and Ben Smart;
* June 2002 - Dartelle Alder, serving 17 years non-parole for the rape and murder of jogger Margaret Lynne Baxter near Flaxmere. Court of Appeal extended the term from 15 years.
* Nov 1997 - Brownie Marsh Mane and Robert Shane Maru, given 17 years non-parole for murdering police witness Christopher Crean, in association with other Black Power gang members, in October 1996;
* June 1995 - David Cullen Bain, serving 16 years non-parole, after being convicted in May 1995 of murdering his parents, two sisters and brother in Dunedin in June 1994. He has always maintained his innocence.
* Nov 2000 - Carlos Namana, serving 16 years non-parole, admitted stomping policeman Murray Stretch to death in May 1999.
SENTENCING CHANGES
New sentencing and parole laws came into force [in July 2002]. (i.e. Wharekura killed and thus was sentenced under these laws)
Among the key changes:
* the minimum non-parole period for the worst murderers increased from 10 to 17 years;
* the worst offenders have to wait up to three years between parole applications instead of automatically applying each year;
* the abolition of automatic release at two thirds of a sentence for serious violent offenders;
* preventive detention available for a wider range of sexual and violent offending.
