Despite the fact that Faataape was speeding, Judge Bergseng said Tihema was responsible for the crash as he shouldn’t have pulled out in front of Faataape.
“The reality is, when you turned in front of Mr Faataape, all he could do was simply apply his brakes. He was still travelling at a significant speed when he impacted with the side of your vehicle.”
Judge John Berseng said the 111 call was played during the trial and was difficult for Faataape’s family to hear.
Tihema apologised to the Faataape family at the trial and again at the sentencing, saying he only said those things because he thought Faataape was going to be okay. He described it as a “stupid call”.
Grieving family
Two members of Faataape’s family – his mother and his sister – read their victim impact statements to the court detailing their immense grief.
His brother’s statement was read in court by a family member as he was in prison and was not able to attend the sentencing hearing.
The brother said Faataape was “a better son and friend” than he was, and he wished he could trade places. He said he would promise that upon his release from prison, he would do his best to make him proud.
Faataape’s mother said through tears that she hated Tihema.
“I hate you so much. It sucks when I am up at the shops and see you walking around smiling like you didn’t do anything wrong, like you didn’t just kill my son and take his life away from me.”
The mother, who used a walker, said if she had strength in her legs she would jump over the dock window.
“But I won’t give you that satisfaction.”
She said she needed heart surgery to get two stents, not long after listening to the 111 phone call, and she personally thought it was caused by her heartbreak of losing her son.
“You broke my heart, and you took my son, who was everything to me.
“He was not just a Mongrel Mob Mobster, he was a family person who was loved by so many people.”
Faataape’s sister attended the sentencing via video link and read a victim impact statement through tears.
She said when the crash happened, her phone was “blowing up” with people messaging to say her brother was hurt.
She raced to the scene, only minutes from her home, and dropped to her knees at the crash site.
She said his body wasn’t in a good way.
“His eyes, his eyes. No, no, no, stay with me. Please no, come back … He was already dead and in pieces.
“The whole town had a front-row seat to our biggest heartache and nightmare any family would have to go through.”
The sentence
Tihema’s lawyer, Kane Bidois, said Tihema was remorseful and offered to pay reparation of $8000 to Faataape’s family.
He asked Judge Berseng not to disqualify Tihema from driving as it would significantly impact his employment.
Judge Bergseng said it was clear from the 111 call that Tihema was only concerned about himself.
“Some of the things you said are hard to understand … that you even went through that thought process … It beggars belief that those were the thoughts you had.”
Judge Bergseng ordered Tihema to do 280 hours of community work and disqualified him from driving for 12 months. He also ordered reparation of $8000 at a rate of $50 a week.
He said Murupara was a small community where the Faataape family and Tihema both lived. He encouraged the parties to get together in a form of restorative justice to help the Faataape family.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.