No jail terms for exorcism manslaughter culprits

The five siblings from a Wainuiomata family found guilty of the manslaughter of their niece, who they believed was cursed by a makutu, have escaped prison terms.

Janet Moses, 22, drowned on October 12, 2007, when water was poured into her mouth during an attempt to rid her of a makutu or Maori curse.

In the High Court at Wellington today eldest brother John Tahana Rawiri, 50, and eldest sister Glenys Lynette Wright, 52, were each sentenced to six months of community detention, 300 hours of community work, and 12 months under supervision - conditions of which include taking a tikanga Maori or other suitable cultural programme.

Aroha Gwendoline Wharepapa, 48, and Tanginoa Apanui, 43, were both sentenced to 300 hours of community work, and 12 months of supervision with the same cultural programme condition.

Angela Rangiaroha Orupe, 47, the least involved, was sentenced to 150 hours of community work, and six months under supervision. Unlike the others she was not ordered to have a cultural element to the supervision but all five were to have counselling or assessment for any treatment they might need to address on going issues resulting from the death.

All had been found guilty of manslaughter after a six-week trial. Three others were found not guilty and a ninth defendant was discharged after Justice France said there was not enough evidence to convict her.

A man and woman with permanent name suppression who denied wilful cruelty towards a 14-year-old girl during the makutu lifting were found not guilty.

The court had been told the family believed Ms Moses had been possessed by demons after two family members stole a concrete lion statue from a hotel in Greytown, in Wairarapa.

Water was forced into her mouth and eyes to flush out demons and lift the makutu.

Ms Moses drowned and the 14-year-old girl's eyes were injured as people picked at the demons they saw in them.

Justice Simon France today told the siblings that their understanding and knowledge of their culture was not complete. He accepted they had not realised the danger of what they were doing and had only wanted to help Ms Moses, who the Crown said had been mentally ill.

He rejected the notion that they had been acting out a religious or cultural ritual.

Ms Moses died because the family isolated themselves from help and advice, he said.

The sentencing hearing had taken place in a packed courtroom with the doors left open so the dozens of family members without seats could hear.

In a case where the closeness of the family unit was a dominating feature it appropriately took place with the youngest generation of the Rawiri whanau able to be heard playing in the foyer outside.

The hearing began with the Lord's Prayer in Maori and ended with jubilant clapping from the public gallery.

The Crown had suggested jail terms for John Rawiri and Glenys Wright but Justice France said at the outset of his lengthy sentencing remarks that he would not send anyone to prison. The four women in the dock dissolved into tears. John Rawiri spent the hearing with his head down, holding the hand of his sister nearest him.

Under the community detention order Rawiri and Wright will be curfewed to their homes between the hours of 9pm and 6am daily for six months.

- The Dominion Post