Self-defence argument not an option for killer Mobsters, Crown argues

Sio Matalasi with his father Iafeta at Waiouru in 2009, where Sio was an army trainee.
SUPPLIED

Sio Matalasi with his father Iafeta at Waiouru in 2009, where Sio was an army trainee.

Two Mongrel Mob members claiming self-defence for a fatal shooting had in fact been the aggressors, the Crown says.

Dillin Pakai and Shane Pierre Harrison wanted drugs but had only $10 and a cut-off rifle hidden in Pakai's trousers, Crown prosecutor Grant Burston​ told the Court of Appeal on Wednesday.

Shane Pierre Harrison during his trial in September 2014 for the murder of Alonsio (Sio) Matalasi.
FAIRFAX NZ

Shane Pierre Harrison during his trial in September 2014 for the murder of Alonsio (Sio) Matalasi.

In August 2013 the two Mongrel Mob Rogue members had gone to the home of a member of the Mongrel Mob Petone looking for drugs and, in his absence, had taken belongings including a phone.

When they were told to return the property they drove back to Petone, with Pakai firing shots at a bread delivery van on the trip.

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Dillin Pakai was found guilty as the shooter of Sio Matalasi.
FAIRFAX NZ

Dillin Pakai was found guilty as the shooter of Sio Matalasi.

Alonsio Matalasi, 25, was not in the Mongrel Mob but he had friends who were. ​Matalasi, known as Sio, was shot at point-blank range in the exchange that followed. 

Pakai, then a few weeks short of his 19th birthday, was the gunman. His lawyers told the Court of Appeal that Pakai acted in self-defence, trapped in a car with Matalasi trying to attack him with what was described as a samurai sword.

Shane Pierre Harrison, 46, was in the driver's seat with a gash to his head and a serious hand wound, trying to start the car to make their getaway.

Pakai was in a precarious situation, seeing Harrison's serious injuries and the jury should not have excluded Pakai's right to self-defence, lawyer Kevin Smith said.

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But Burston said Pakai and Harrison were the aggressors. Shooting Matalasi, whose weapon was a badly bent sword, had been excessive.

Pakai, now 21, and Harrison were found guilty of murdering Matalasi.

Both were sentenced to life imprisonment. Pakai has to serve at least 12 years and three months' jail before he can be considered for parole. 

Harrison has to serve 13 years' jail before he can be considered for parole.

Pakai and Harrison have appealed against their convictions. Pakai has also appealed against his sentence.

The Court of Appeal reserved its decision.

On Thursday the court is due to hear the Crown's appeal against Harrison and another convicted murderer avoiding having to serve their life terms without parole, for which they were at risk due to earlier "third strike" warnings.

 - Stuff

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