Route continued after attack<\/p>\n
Court documents state the two men crossed paths for the final time around 1.40pm on April 27 last year, when Ah Fook\u2019s bus arrived at a stop near Great South Rd in Papatoetoe, South Auckland. <\/p>\n
Te Kira, 61, had spent the past two hours at a nearby tavern and was three times over the legal limit for alcohol consumption had he been driving. <\/p>\n
Peter Te Kira died on April 30 last year after he was assaulted by a bus driver on Great South Rd in Papatoetoe, Auckland, three days earlier. Photo \/ Supplied<\/p>\n
When Ah Fook\u2019s bus arrived, Te Kira took his seat and ignored the defendant\u2019s repeated demands for him to pay his fare – loudly yelling \u201cno\u201d several times as the minutes passed. <\/p>\n
Ah Fook would later tell police he had argued with the passenger on about three other times over unpaid fares.<\/p>\n
Te Kira eventually stood up, slammed his hands on the safety rail and exited the rear of the bus after Ah Fook stood up from the driver\u2019s seat. The victim then pulled the finger and, according to Ah Fook\u2019s account, yelled: \u201cF*** off back to your own country\u201d.<\/p>\n
That comment was the breaking point, according to the 34-year-old defendant, who immigrated to New Zealand from Samoa more than a decade ago. <\/p>\n
He got out of his seat again, jumped out of the bus and threw a punch that caused Te Kira to lose consciousness and fall backwards onto the concrete pavement, resulting in another blow to his head.<\/p>\n
\u201cOn realising the deceased was unconscious, the defendant pulled the deceased further into the bus shelter and placed him slumped in an upright position up against the seated area,\u201d the agreed summary of facts for the case stated.<\/p>\n
\u201cThe defendant left the deceased there, returned to his bus and continued his route.\u201d<\/p>\n
Te Kira died three days later at Auckland Hospital after having been put in an induced coma. His cause of death was found to be blunt force head injuries.<\/p>\n
\u2018Let go of the shame\u2019<\/p>\n
From the time of his interview with police on the day of Te Kira\u2019s death, Ah Fook admitted wrongdoing and expressed shame for having caused harm to an older man. <\/p>\n
His words were later put into action – first with his guilty plea to manslaughter in October, then by participating in a traditional Samoan forgiveness ceremony with the victim\u2019s family at a South Auckland marae in December. <\/p>\n
Peter Te Kira was remembered by his family for her laughter and happy-go-lucky spirit. Photo \/ Supplied<\/p>\n
In the moving ceremony, called an ifoga, the defendant and his wife kneeeled underneath a flax mat in shame – prepared to stay there indefinitely as the victim\u2019s family sat nearby. When the family felt ready to forgive, they lifted the mat and helped the couple to their feet, embracing them. <\/p>\n
Ah Fook\u2019s parents had travelled from Samoa for the ceremony, as they did again for today\u2019s hearing. <\/p>\n
Te Kira\u2019s daughter referred to the ceremony during her victim impact statement today, noting that their forgiveness was already known but wanting to reiterate that they \u201chave no ill intent towards Mikaele\u201d. <\/p>\n
That\u2019s not to minimise their own pain, she said, explaining: \u201cNo one sees the sleepless nights for a daughter who simply yearns for her dad\u201d.<\/p>\n
She added: \u201cAlthough we do forgive, unfortunately, we can never forget\u201d.<\/p>\n
The family not only wished for Ah Fook to go home to his wife and young son, but they also gave him permission to find happiness again. <\/p>\n
\u201cWe hope that Mikaele can let go of the hurt and shame he feels about what happened,\u201d she said. \u201cFacing what has happened is already enough for both Mikaele and ourselves.\u201d<\/p>\n
\u2018Uncaring and wrong\u2019<\/p>\n
Ah Fook could have faced up to life imprisonment as he stood in the dock today. <\/p>\n
But Crown prosecutor Gareth Kayes, referring to the wishes of the victim\u2019s family, agreed with defence lawyer Tua Saseve that home detention would be the best outcome. <\/p>\n
Justice Bohemen set a starting point of three and a half years but then allowed substantial reductions for his guilty plea, remorse, his decision to attend counselling even before pleading guilty and for his participation in the forgiveness ceremony. <\/p>\n
Justice Gerard van Bohemen. Photo \/ Jason Dorday<\/p>\n
\u201cBy any standard, it was a remarkable process with a remarkable outcome for you and the victim,\u201d he said, telling the victim\u2019s family: \u201cI pay tribute to your courage … and your forgiveness and generosity of spirit\u201d. <\/p>\n
But he also emphasised that Ah Fook\u2019s behaviour needed to be atoned for through the justice system as well.<\/p>\n
\u201cThere was some provocation. Mr Te Kira was being difficult and offensive, but he was not threatening and your punch was unwarranted,\u201d the judge said, adding that Ah Fook had a responsibility as a bus driver that he did not live up to. <\/p>\n
He noted Ah Fook had lost a job that he \u201cloved because it gave you an opportunity to meet people\u201d. <\/p>\n
\u201cYour behaviour was not callous, but it was uncaring and wrong,\u201d the judge said. <\/p>\n
The courtroom, filled with the families of the victim and the defendant, remained silent after the judge announced his decision.<\/p>\n