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Thursday, May 24, 2012

Urewera 4 sentencing underway [Updates] BREAKING: 2.5 Years prison :(

Sentencing is underway:

The “Urewera Four” are being sentenced on firearms charges today, dating back to the 2007 raids.
After a six week trial at the High Court in Auckland in March jurors were unable to reach a decision on the main charge of belonging to an organised criminal group.
However, they were able to reach a decision on the firearms charges.
Tame Iti and Te Rangikaiwhiria Kemara were found guilty of six firearms charges and not guilty of four.
Urs Signer was found guilty of five firearms charges and not guilty of five.
Emily Bailey was found guilty of six firearms charges and not guilty of four.
The four will all be sentenced on those charges today.

Live Twitter updates from Solidarity15. Last hour from that twitstream:

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This was ongoing conduct over a long period of time and there were 11 semi automatic weapons involved. Some...
Actions caused divisions in Tuhoe and wider community. Police conduct is not the starting point. Your conduct...
Crown want longer sentence than four years as a result of aggravating features of offending. Purposes of...
Theories were implausible health issues and Rau Hunt reasons discussed
Semi automatic weapons described. Possession of firearm and in my view jury accepted you were in joint possession...
Proceed to sentence on basis that consequences of Hamed is not a relevant circumstance on sentence

Serious charges required trial. Do not accept impropriety by virtue of admission of surveillance evidence. This is...
Judge rejects proposition Crown case changed

However despite Stevenson argument for Signer, and Nesbit for Bailey showing case Changed as that put to Supreme Court so manifestly unfair
Decision of Supreme Court applied here. Unfairness ruled inadmissible against some has lead to apparent disparity between two groups
"The Crown wants to see the Urewera Four sent to prison. Tame Iti, Te Rangikaiwhiria Kemara, Urs Signer and...
The Crown wants jail for the Urewera Four and what it says was "serious offending". Each face a max of four years jail and a fine
Lawyers have finished giving submissions. Judge will sum up case before deciding what penalty each of the Urewera 4 will g
Lawyers have finished giving submissions. Judge will sum up case before deciding what penatly each of the Urewera 4 will get
michaelmorrah: Public gallery at the Urewera sentencing packed with Tuhoe supporters, political activists, police...

Nga Mihi Annette Sykes for the updates from court

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11:45AM The Judge is currently reading it out.

UPDATES to 11:55AM:

Recourse of self help crosses the line of what is reasonable

Ends do not justify the means. Refers to earlier case of Iti and commentary from Elias CJ in unlawful discharge of a firearm

Ultimate goal was directed in a general sense to achieving Tuhoe redress and Mana Motuhake

Accept this case distinguished from other cases

Some in this group held extreme anarchist views... Cumulatively these factors disclose seriousness beyond any...

A private militia WAS being established which is .... An anathema to our way of life

The issue of the charge that was failed to be proved is distinct from why you possessed firearms. The intention...
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Don't like where the Judge's logic is going...

UPDATES to 12:01PM

Tame: 3 yrs Rangi: 3 yrs

Imprisonment unavoidable!

Altruistic intentions are relevant though as aspiration for Tuhoe justice by peaceful means

Is there a difference between the four of you? I reject crown view that there isnt. Iti and Kemara had key roles
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FFS. 3 Years is ridiculous! The sentence will most definitely be appealed - you don't have to be a lawyer to work that one out.

So the Crown - the NZ Government - got what they wanted in the end, a harsh sentence based on Pakeha apprehension, fearmongering and the misuse of their shabby anti-terrorist laws. Sad day for justice and Tuhoe.

UPDATES to 12:10PM

Tame Iti and Te Rangikaiwhiria Kemara -2yrs, 6mnths; Urs Signer and Emily Bailey - 9mnths home detention

Tame/Rangi: 2yrs 6 mnths

Signer and Bailey... Peaceloving couple. Contradictions in case at loss to explain 2 years starting point reduced to 6 months

Term of imprisonment should reflect mitigating factors however. Not gang related on contrary pursued for worthy...

Tame: 2 yrs 6 mnths
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The expression "shithouse" comes immediately to mind.

UPDATES to 12:20PM

Sentencing of Urs Singer and Emily Bailey in the Urewera trial been adjourned so home detention can be considered. Others jailed

Sentencing as the beginning of another generation of Maori political prisoners. Remember Parihaka, Maungapohatu!

Raoul Duke@Judgenudge
at the high court. A haka just rang out from the urewera 4 supporters. 2.5 - 3 yrs each.

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Annette Sykes and the other lawyers for the imprisoned will be applying for their immediate release pending an appeal, but I'm not sure the Court will do this. I'm reminded that Iti (at least) has already been in jail when he was arrested at the beginning so a month or so will be taken off for that - but two and a half years is total bullshit for these charges. The Crown judge has bought into the Crown prosecutor's hype about the Crown police's fruitless spying - pathetic really. There is little evidence of the independence from government that the judiciary is supposed to maintain. 

6 Comments:

At 24/5/12 1:52 pm, Blogger Ovicula said...

It's as sad a day for pakeha as it is for Tuhoe. When will we grow out of this colonial bullshit?

 
At 24/5/12 2:54 pm, Blogger Alex said...

Has anyone noticed that they appear to have gone to prison for a crime that they were not found guilty of?
http://afinetale.blogspot.co.nz/2012/05/oh-for-fucks-sake.html

 
At 24/5/12 5:24 pm, Blogger Ovicula said...

Yes, I noticed. It should fall to bits on appeal, but I suspect one of the major crimes was having moko, and they weren't even charged with that.

 
At 25/5/12 12:00 am, Blogger Frank said...

The judge seems to have been summing up the wrong Court case. I do believe they were found not guilty of terrorist activities.

No doubt about it, this was a racist decision by the judge, and based on vengeance, not justice.

I've now become a firm believer in an independent Tuhoi state.

 
At 25/5/12 1:34 am, Blogger BobbyD said...

Where is the evidence that this is 'colonial bullshit' or evidence of a biased pro 'crown' Judge?

Just because you dislike a sentence because of your personal views doesn't make the former true.

Especially when it's coming from a legal and factual ignorance.

But hey keep believing this ridiculous fantasy that the Judge is part of a big conspiracy despite the fact that his decision will be repealed and closely scrutinized by ever legal pundit in the country.

 
At 25/5/12 3:29 pm, Blogger Ovicula said...

Ah, the conspiracy word. Any analyis of how things work behind the scenes is written off as conspiracy theory and we can all sleep safe in our beds.
The judge used a crime they were not found guilty of to sentence them for some for which they were. As to his motives, this does suggest to me that he's not much more than a refined version of Louis Crump. That's my opinion and I don't feel any urgent need to explain it to someone who doesn't even know what the word repeal means.

 

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