Exorcism sentencing 'too lenient'

Five members of a Wainuiomata family who drowned their niece while attempting to lift a Maori curse have avoided jail for manslaughter, prompting comment from a prominent lawyer that the sentences were too lenient and liberal.

Community sentences were imposed and four of the killers were ordered to take a Maori culture course.

In the High Court at Wellington yesterday, Justice Simon France said mother-of-two Janet Moses, 22, died in horrible circumstances even though surrounded by people who loved her.

For some time "madness reigned" and she drowned when water was forced into her in an attempt to rid her of a makutu, or Maori curse.

Cheers and applause erupted after sentencing, from more than 60 family members packing the court. Ms Moses' mother, Olivia, supported her siblings in the dock.

Prominent defence lawyer Barry Hart, who was not involved in the case, said the sentences seemed too lenient and liberal.

"It's doesn't matter how you look at it, the sentences are really light. It's hard to get comparative cases however, it was manslaughter, it wasn't some lesser charge like failing to provide the necessities of life. A life was lost."

Crown Law said it was too early to say whether an appeal would be lodged against the sentences.

Otago University sentencing specialist Geoff Hall said the case was so unusual it was impossible to make comparisons.

Justice France acknowledged some might not see the sentences as adequate but his reasons included:

* They were trying to save, not harm, her.

* Sleep deprivation greatly affected rational judgment.

* High level of co-operation with police afterwards.

* No-one suffered more from the death than the offenders and their family.

Suspended prison terms imposed in similar cases overseas were no longer an option in New Zealand, the judge said.

Ms Moses' family thought she was under a makutu connected with her sister stealing a concrete lion from the Greytown Hotel.

In the days before her death on October 12, 2007, her extended family gathered around her. The Crown said she was mentally ill but the family took advice from a tohunga.

Apparently misunderstanding his advice, the family tried to cure her themselves when she deteriorated.

Group hysteria took over and they made up a treatment using water, the judge said.

A 14-year-old girl also injured that night recovered and is back living with the two caregivers who were acquitted of allowing her to be ill-treated.

Ms Moses' paternal grandfather, Charlie Moses, who had tried to get outside help for her, said he accepted the sentences. "All we want to do is get on with our life. As far as I'm concerned the outcome was right."

His tearful wife, Janet, after whom Ms Moses was named, said her granddaughter was "at peace now".

Hours later, the extended Rawiri family emerged from the court building. None, including Ms Moses' mother, would comment but another relative, Te Waina Pou, said the sentences were a relief.

"[The whanau] will get together and begin to live their lives again. There's a lot of love here ... I think all this has strengthened them."

Greytown Hotel owner Wayne Agent, says the lion statues seized as evidence should be returned. "It's not that we want them back, but they came from here and they may as well come back. I intend to have them blessed when they return."

THE SENTENCES

John Tahana Rawiri, 50, and Glenys Lynette Wright, 52: six months' community detention with a daily curfew, to be in their homes between 9pm and 6am; 300 hours' community work; 12 months' supervision with conditions to take tikanga Maori or other suitable cultural programme and counselling, or psychiatric assessment.

Aroha Gwendoline Wharepapa, 48, and Tanginoa Apanui, 43: 300 hours' community work; and 12 months' supervision under the same conditions as Rawiri and Wright.

Angela Rangiaroha Orupe, 47: 150 hours' community work and six months' supervision with a condition to have counselling or psychiatric assessment.

THE FAMILY PRAYER

A kaumatua was asked to translate the whanau karakia, found in the Wainuiomata flat after Janet Moses' death.

He said it was difficult to express someone else's prayer but his interpretation was as follows:

Always respect the Almighty

Honour the Maori King, King Tuheitia

The life principle of the land

It will be you

That will be going alone

For us your people

Forever

The words of your ancestors

The season is a good season

Not another night

But don't dislike it

The season handed down

From your ancestors

Searching as one

The wary, watchful, that's softened

The warrior of the seas

Amen