After more than 21 years in prison, a man who murdered a Dunedin woman is now a minimum-security inmate working as a cleaner in a jail's admin building.
Gareth Lawrence Smither (46) was jailed for life after being found guilty of the murder of Karen Jacobs.
Smither used knives and a spade to kill Jacobs at her Dunedin home in July 1997 while her 2-year-old daughter, Georgina, was in the next room.
Her battered body was found by her mother, Maureen Watson.
The victim's family asked for privacy after the recently-released Parole Board decision but had previously voiced their desire for the killer to remain behind bars.
Smither, who is currently in Christchurch Men's Prison, came before the board at the end of May when he was again denied early release.
He has been eligible for parole since 2007 but the board said his release "remains some time away".
Smither had been a minimum-security inmate since the start of 2017 and was working in a "trusted position'' as a cleaner in the administration building, which was outside the main prison wire, the board heard."Mr Smither is currently being tested in a range of situations," panel convener Marion Frater said."He is said to be managing well, living in a self-care unit with three other offenders. Nor are there any issues concerning his work.''
However, there were still mental-health concerns for the prisoner.
Smither reported "experiencing low mood and suspiciousness"' after his medication was reduced and the Parole Board recommended he regularly see a forensic psychologist.
There was discussion of supervised day parole and guided releases, where he would go shopping for the men in his unit.
But Frater said the central concern was Smither's psychological state."Until Mr Smither maintains a longer period of stable mental health, particularly when he is experiencing new situations and stressors, we cannot be satisfied that he has reached the point where he can safely be released," she said.
Smither will be seen by the Parole Board again in May next year.
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Convicted killer Gareth Lawrence Smither refused parole; release 'remains some time away'
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Use of pepper spray on arrested man in cell found to be unlawful
The Independent Police Conduct Authority has found a police officer unjustifiably and unlawfully used pepper spray on an arrested man in a cell last year.
The intoxicated man had crashed his car on June 23 and was brought back to the station, but was aggressive towards officers who attempted to restrain him.
After the man was placed in the cell by eight officers, one went back in after noticing a pair of handcuffs on the floor and their leg was grabbed by the arrested man.
A second officer entered the cell and pepper sprayed the man in the face and he immediately let go of the leg.
The second officer accepted that it could have been possible to drag the first officer out of the cell, but maintained his use of pepper spray.
He stated that pulling the first officer out of the cell would have increased the risk of harm to those involved."I take a lot of pride in my decision-making and if I could go back I'd do the same thing. I still think even in hindsight I made the correct decision," he said.
But authority chairman Judge Colin Doherty deemed that the officer's use of pepper spray was unnecessary and was "an excessive use of force"."The officer was focused on subduing the man with the use of pepper spray, which came at the expense of good, sound, decision-making in accordance with Police policy and best practice," he said.
The authority reported that a lower level of force should have been applied before resorting to the use of pepper spray - some staff witnesses to the incident agreed.
Other staff members supported the second officer for using pepper spray on the basis that his actioned enabled officers to exit the cell safely without having to engage physically.
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Media personality denies assaulting wife, stepson
A media personality is facing charges in relation to allegations of domestic violence.
The man has been charged with assaulting his wife with intent to injure her.
He has also been charged with assaulting his stepson, on one occasion allegedly striking him with a frying pan.
The media personality appeared in North Shore District Court today and pleaded not guilty to all the charges. Name suppression granted at a previous hearing has been continued.
The charges are historic and the man is alleged to have assaulted his wife between May 31 and June 1 last year in Albany.
An alleged assault on the man's wife took place sometime between August 1 and September 21 last year.
Similarly, the incident with the frying pan is alleged to have occurred sometime between August 20 and September 20.
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Waikato's top cop reassures community after three homicides
Waikato police say gangs are involved in the deaths of three men in the wider area over the last three weeks.
Speaking out after three arrests were made yesterday, Waikato police Superintendent Bruce Bird also confirmed they believe the attacks were targeted and he said police want to reassure the community that it was safe.
Huntly man Wayne Noda was found dead in his home in early July. Police are still seeking a vehicle, a 2001 Nissan Skyline registration KAM195.
Then in the early hours of July 8, Robert Nelson was gunned down in the Matthews Cres, Melville, home of his partner Kahlee Marfell, who was also shot in the leg.
Robert Nelson, 23, with his partner Kahlee Marfell. Police believe the gunmen targeted the Matthews Cres property for a reason.
Nelson was trying to shield Marfell from bullets when he was killed. A 17-year-old was also shot four times and is currently fighting for his life in Auckland Hospital.
Then on Friday morning, the body of Mitchell Paterson was found in water under the McLaren Falls Bridge.
Bird said more than 60 of his staff were working "tirelessly" on the three investigations.
One man has been arrested so far in connection with the death of Mitchell Paterson, above. At least one other man is still being sought.
"Over 60 staff are working on the three homicide investigations which are also being supported by specialist staff from outside of the district."These are complex investigations that take time, however we are confident that they will be resolved and those responsible will be held to account," said Superintendent Bruce Bird, Waikato District Commander.
While the three homicides occurring in a short space of time was concerning he wanted to "reassure the community that police believe these were targeted attacks and the wider community is safe.""Across the investigations there are a number of people assisting police and there are also persons of interest.
Police are still searching for those responsible for the death of Huntly man Wayne Noda who died earlier this month.
"Investigations to date indicate that these people have significant links with criminal gangs."
As for whether any of the homicides were linked, inquiries to date lead police to believe the three deaths were "targeted individual acts within the gang community".
Anyone who may have information on any of the three homicides who could assist with the investigations is asked to contact Hamilton Police on 07 858 6200.
Waikato police set up a caravan at the Pohutukawa Dr, Pukete, house where a man was arrested in connection with the death of Mitchell Paterson.
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Armed cars thieves lead police on 71-minute chase
Armed car thieves led police on a 71-minute car chase all around the Waikato in a stolen Suzuki Swift, attempting to ram patrol cars, with those involved eventually caught hiding behind bushes.
It unfolded about midnight last night when officers spotted the car which been taken from a Ngaruawahia property.
Waikato police Senior Sergeant Pete Simpson said the car was followed as it travelled into Hamilton before one of the trio jumped out of the vehicle on Bankwood Rd, Hamilton.
A man was eventually caught and found with a sawn-off shotgun and ammunition.
Up to 10 patrol cars were involved in the incident as police to pursued the Suzuki which headed northeast towards Horsham Downs before it headed towards Piako Rd, towards Morrinsville.
It ended up on SH27, between Ohinewai and Tahuna when the vehicle began trying to ram patrol cars. By this stage the police Eagle helicopter was in the air, helping communicate the vehicle's position to the communications centre and officers on the ground.
Spikes were laid and officers pulled out of the chase, but it was the rural road which eventually caught the driver out as he lost control and crashed.
Two people, aged in their 20s, ran off. One was found hiding in bushes while another was lying in a paddock.
One had a warrant for his arrest and the other was a disqualified driver.
The trio will appear in the Hamilton District Court today, he said.
71-minute round trip
* Stolen Suzuki Swift spotted at midnight,* Passenger jumps out on Bankwood Rd,* Car heads to Horsham Downs,* Then heads east to Piako Rd,* Ends up on SH27 near Tahuna where it crashes.
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Police Association: 500 officers leaving a year
More senior police officers are throwing in the towel and putting pressure on the Government's police hiring targets.
The coalition has promised 1800 more officers on the beat over the next three years.
However, the Police Association claim the demand could increase from the already known 3,000 needed to another five-hundred a year, given the rate at which attrition rates are increasing.
When the Government pledged it's new police target, the attrition rate was less than the current 5.4%.
Police Association president Chris Cahill says it means there are now around 500 officers a year leaving, most of whom hold senior positions.
He says while some are reaching retirement age, more are saying they've just had enough."There's a significant portion who have just run out of steam. They've been working on the front line, they've seen no extra resources to help them out while the pressures and demands continue to increase."
He says the types of incidents they are being called out to are having a toll."Whether it be the increase in family harm or mental health issues that they have to deal with on a daily basis, and they are saying they've had enough."
However, police Minister Stuart Nash doesn't think the high number of senior officers leaving the force will hurt the police target.
Nash says churn is an important part of rejuvenating an organisation."Bringing in well over 1000 a year so we're replacing experienced people who are really passionate to energise new people. You never want to see experienced people leave an organisation but that's just part and parcel of how things work."
Cahill say the latest round of pay negotiations have begun, and they'll be asking senior officers what it'll take to make them stay.
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Another pay claim looms for Govt: Police predict 'torrid' negotiations
Police are beginning to press their claims for better pay and conditions, with negotiations between their union and their bosses beginning this week.
Among the issues concerning frontline officers are recruitment, retention and pay.
The Police Association has warned its members in its monthly magazine Police News that there could be some "torrid negotiations" ahead which it says it is well-prepared for.
The negotiations come at a time marked by industrial action in the public sector. Nurses have already been on strike, primary school teachers will strike next month, ACC senior doctors walked off the job this week, and MBIE and IRD staff have been on strike.
Legally, police cannot go on strike but Police Association president Chris Cahill warned Police Minister Stuart Nash that frustration may materialise in more staff leaving the force.The Coalition Government has promised 1800 new frontline officers over three years but police say recruitment will not cover the "churn rate" of police leaving the force."What this Government must realise is that there's significant pent-up frustration in the public sector and generally around the lack of resources, which in our case the Government's met, but also pay," Cahill said."We make the point that they are two different issues. You can't say 'yeah we'll give you all the resources but you're not getting a pay rise' because all that will result in is an ability to recruit the new staff and an inability to retain the ones that are there, and that's equally important."The really clear message is the pressures [Nash] is seeing coming from other public sectors are repeated within police and there is an expectation that they'll be listened to. If he wants to get those 1800 extra officers out there he's got to make sure they retain the ones they've got as well or you'll just be replacing what's leaving and you won't be getting ahead."
Officers have complained that police pay is sliding backwards compared with other professions, with one estimating in Police News that an increase of at least 15 to 20 per cent for constables is required.
At present, a new police constable's base annual salary is $56,106. The average salary is around $67,078.
The officer said a constable's salary was "ridiculous"."They work shifts [mostly], deal with the shitty side of life and get little reward."I note nurses and teachers have closed the gap over the years [because they fight] and in most cases have overtaken a constable's salary. I remember when nurses and teachers were about 70 per cent of an equivalent service constable, but not now."
Another wrote: "The Government is happy to splash the cash everywhere else and is happy to say it is giving us 1800 new staff over the next three years but, let's be realistic, if there isn't some serious negotiations going on in Wellington, your recruitment isn't going to cover your churn rate."
The Police Association says "everything will be in the mix" during this negotiation round, from the difficulties of living and working in Auckland, rosters, paid overtime and recruitment in a competitive market with low unemployment."Members need to be patient and see what those issues are that we disagree on and hopefully we agree on more. And at this stage we can hardly come out complaining when we haven't actually had an offer from Police," Cahill said.
The Police Association represents around 8900 sworn officers, about 99 per cent of the total, and 3500 non-sworn staff, about 73 per cent.
Negotiations were due to start last month but have been delayed while the police managers' collective moved to final offer final arbitration.
Arbitration binding on both sides is the means by which negotiations are settled if they are unable to reach agreement."In the end we do have final offer arbitration to fall back on. No one wants to get to a point where their argument's shown to be wrong so we have to structure good, sound-based arguments," Cahill said."We accept totally that the Government has come to the party on the resourcing side of things but it's not a closed argument, there's two sides to it. We understand the Government's got a big pool of resources to have to look after. But in saying that, we're also nervous that they think that because they've given us those resources that they don't have to follow that up and that simply isn't the case. The resources won't follow if you don't pay people appropriately."
Nash, who has to stay at arms' length from negotiations, said he was sure they would be robust."We gave a very generous amount to Police in the last Budget. It included $300 million in new operating funding and $18 million in new capital funding. That will support the recruitment, training and deployment of an extra 1800 officers and 485 support staff," he said in a statement.
The attrition rate in Police, at 5.4 per cent, was one of the lowest in the state sector and well below the average of 11.5 per cent."We are well on target to meeting the Coalition objective of 1800 new officers," Nash said. "I have attended eight graduation ceremonies since I became Police Minister and around 530 new officers are now deployed around the country."
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Car found in McLaren Falls homicide probe
Police have found the Nissan Terrano they believe was involved in the murder of a Ngaruawahia man at McLaren Falls.
Detective Inspector Graham Pitkethley said they were now seeking sightings of the car between Hamilton and the falls around the time Mitchell Paterson was killed.
He also confirmed Paterson, 26, was beaten to death before his body was found in water under the McLaren Falls bridge.
He appealed for sightings of the vehicle between Hamilton and the McLaren Falls area between Wednesday July 11 and Friday July 13.
He said every day police were getting closer to making arrests on three gang-related murders in the Waikato.
Organised crime and gangs were an ongoing problem in the Waikato and across the country, Pitkethley said at a press conference.
Huntly man Wayne Noda was the first hit. He was found dead in his Berryman Access Rd home on Saturday June 30.
Pitkethley yesterday confirmed Noda died from being beaten and they were now looking for only one of the two vehicles of interest.
The occupants of a silver SUV seen on Victoria St, Hamilton, near Bryce St, about 6.30pm on the day of his death had come forward and been spoken to.
However, they were still keen to find a 2001 Nissan Skyline, registration KAM195.
It's understood Noda wasn't in deep with the gangs but he has associates who are.
When Robert Nelson was shot dead in the house of his partner Kahlee Marfell, protecting her from a flurry of bullets, people wondered if perhaps the shooting was connected to Noda's death. Marfell lived at the Matthews Cres, Melville, home with her senior Mongrel Mob gang member dad Mark "Griff" Griffiths.
He was also home but was able to stay safe in his bedroom which was further down the hallway.
His 17-year-old nephew was shot four times, a relative told the Herald, twice in the torso, once in the head and also in the shoulder, after three gunmen knocked at the front door asking if "Mark" was home.
The teen is still fighting for his life in Auckland Hospital. Marfell was shot in the side of the upper thigh. The gunman either used a high-powered rifle or he got close as the bullet went through one thigh, coming to rest in the other. She was discharged from hospital last week. There was a fire at the Melville house late last Friday night. Pitkethley confirmed there had been a "significant" amount of damage but he couldn't be drawn on where it started.
A third person, Mitchell Paterson, was found dead at McLaren Falls on Friday morning.His body was recovered from under the bridge and police are seeking sightings of suspicious activity from the day before.
Police said he was killed after a "physical assault".
There have been three arrests, although only one allegedly directly linked to a murder.
How to help
Call investigation team at Hamilton police on (07) 858 6200. Information can be left with Crimestoppers on 0800 555 111.
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Second arrest for Mangere teen's murder
A second person has been charged in relation to the death of teenager Dimetrius Pairama.
Counties Manukau Police have arrested a 24-year-old man in relation to the death of 17-year-old at a vacant Housing New Zealand property on Buckland Rd on July 7.
He will appear in the Manukau District Court this morning charged with the murder of the teenager.
A 27-year-old woman recently appeared in the Manukau District Court on Monday also charged with the teenager's murder.
She was bailed to appear in the Auckland High Court next month.
Detective Inspector Tofilau Faa Vaaelua said the police investigation would continue in order to establish the involvement of any one else.
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Kawerau Raid: IPCA reports says AOS should not have entered suspected gunman's house
IPCA says police were justified in shooting at Rhys Warren but should not have been inside the house in the first place.
Armed police should never have entered the home of a suspected gunman and their lives were put a risk by "highly flawed" tactical decision making, according to a critical review of police actions which led to the 22-hour siege in Kawerau.
Four members of the Armed Offenders Squad were injured in a gunfight with Rhys Warren inside his family's home in March 2016.
The AOS returned fire with 46 rounds inside the home - the most ever according to available police records - and the injured officers were "lucky to be alive".
By comparison, police fired four shots at David Gray during the Aramoana massacre.
The 22-hour siege ended peacefully and Warren was later sentenced to preventive detention - essentially behind bars indefinitely - after being convicted of six charges, including two of attempted murder.
Nearly two and a half years after the siege, the Independent Police Conduct Authority has ruled the AOS officers were justified in shooting at Warren, and through walls, because of the imminent threat of death and evacuating wounded colleagues.
However, most of the IPCA report focuses on the decision-making which led to Warren firing at the police officers in the first place.
Rhys Richard Ngahiwi Warren at the start of his trial. Photo / Alan Gibson.
The IPCA found the AOS officers should never have entered the Warren family's house, and that there was poor general understanding amongst officers at all levels about how control and command should have operated.
The lack of proper oversight was a strong contributing factor to the flawed tactical decisions, according to the IPCA.
"The previous decisions which led the AOS officers to be in this position were highly flawed. Better decision-making is likely to have prevented these officers from having to make the decision to use their firearms in the first place," said IPCA chairman Judge Colin Doherty.
"Just as importantly, it would have prevented the officers from being in a position of considerable risk.
"This incident illustrates the need for Police at all levels to have a thorough understanding of control and command, how command structures alter as incidents escalate in seriousness, and the responsibilities attached to key roles within those structures."
The findings of the IPCA largely mirror an internal police report, reported by the Herald in June last year, which was critical of the tactics employed.
Sending in trained dogs to find the shooting suspect, or firing tear gas to flush them out, were other options to sending a team in to clear the house.
But dogs could not be used as the AOS had broken the house windows with "Close Target Reconnaissance" - a tactic solely reserved for the better trained Special Tactics Group.
The IPCA said the AOS should have considered sending in police dogs before executing CTR, should not have used the CTR tactic, and should have considered that breaking glass would mean the dogs could not go in.
As a result of the siege, protective boots are required to be available for AOS dogs.
Tear gas was also legally justified, said the IPCA, despite the AOS commander thinking it was not in the circumstances.
The IPCA also criticised the "aggressive cordon tactic" which exposed the officers to a high level of risk.
The decision to enter the house was "ill-considered and wrong", said the IPCA, and described the step-by-step assessment of tactics was "rushed and lacked due consideration".
"Some tactics adopted were unsafe."
Army arrive at the siege on Onepu Springs Rd in March 2016. Photo / Nick Reed.
Police Assistant Commissioner Districts Bill Searle said police accept the findings and have made a number of changes at district and national levels in response to the incident.
"Ultimately, incidents such as Operation Pencarrow are often complex and dynamic," Searle said.
"Circumstances can and do change very quickly and decisions have to be made based on the information available to officers at the time.
"The safety of our staff and members of the public is a strategic and operational priority for Police. The fact four officers were injured in this incident is of great concern to us."
The AOS were hunting for someone who shot at a police plane looking for cannabis plots.
In giving evidence at Warren's trial last year, senior police officers said no one had answered the landline phone at 158 Onepu Springs Rd, or reacted to the loudhailer, or to rocks thrown on the roof of the house.
After the windows of the house were broken and no one seen inside, the AOS was authorised to clear the address.
Dressed in black, masked and armed with M4 semi-automatic rifles, Constables Regan Mauheni and Damian White were the first of six AOS members clearing the property at 158 Onepu Springs Rd.
As White's rifle poked around the hallway corner, Rhys Warren fired his grandfather's Anfield hunting rifle.
White remembered a "massive flash" and a "really loud bang".
"It was like in the movies when you see that someone near an explosion loses their hearing and then it slowly comes back. It was exactly like that," White told the jury in Warren's trial in the High Court at Hamilton.
The bullet struck the scope of the rifle, shattering it. Shrapnel hit White, while the same bullet ricocheted into Mauheni, splitting his skull and filling his eyes with blood.
Inspector Warwick Morehu at a media conference after convincing Rhys Warren to surrender. Photo / Nick Reed.
He dropped like a "big kauri tree", as White recalled it, and also dropped his Glock pistol.
His colleagues laid down covering fire by shooting through walls, allowing Constable Martyn Roe to drag the 115kg Mauheni to safety.
Despite firing an incredible total of 46 rounds, the police missed.
Warren shot back, with shrapnel hitting Constable Andrew Flinn in the knee and thigh.
The six-man team retreated and AOS officers surrounded the house.
Sergeant Logan Marsh trained his weapon on the back door, while hunkered in a shallow fire pit no more than 30 metres from the house.
He was looking through his scope when he heard another bang.
"I remember my hand getting blown off the gun," he told the jury. "My right-hand glove had holes in it and there was a lot of blood coming up."
The bullet struck him in the middle finger of his right hand, travelled through the hand and finally lodged in the magazine of the rifle.
The weapon?
The police-issue Glock dropped inside the house, according to the Crown case, which Warren denied.
"Don't you think the police would ever admit to shooting one of their mates by accident, when they could put the blame on me?"
The siege ended peacefully only after the personal intervention of Inspector Warwick Morehu, the only police officer whom Warren trusted.
Audio records of their phone conversations, obtained exclusively by the Herald, Morehu managed to convince Warren the police would not shoot him if he walked out of the house.
Warren: "I know I'm in the shit either way, that's why it's pretty hard."
Morehu: "It's not a good looking picture at the moment, but we don't want it to get worse boy ...
"Don't be scared. Don't be scared boy. These fellas don't want to harm you, they want to get you out safely ...
"Leave everything inside, come outside slowly with your hands up and listen to the voice. They'll look after you boy, they'll look after you."
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Drunk Taranaki father admits getting son, 10, to drive
A Taranaki father has pleaded guilty to having his 10-year-old son drive for him because he was drunk.
The man was charged with neglect and appeared in New Plymouth District Court today, where he was granted name suppression.
The incident occurred in the early hours of June 3 outside a bar in New Plymouth, where police noticed a parked vehicle sticking out into the road.
Officers approached the vehicle and found a 10-year-old boy at the wheel - with his intoxicated father in the passenger seat.
The father told officers his son was the sober driver, and that the child had driven him many times before.
The man is due to reappear in the New Plymouth District Court in September.
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Drunken attacker's pub plan disturbs Dunedin judge
A Dunedin man who came home from a bar in a rage and throttled his partner while her horrified daughter watched says he will not give up the pub.
The 32-year-old defendant said he would just take less money there in future, the Dunedin District Court heard yesterday."I find that unusual and extremely concerning, personally," Judge Kevin Phillips said.
The man, who is a local representative in two sports, had been playing pool and drinking heavily on the night of April 15.
His partner and her 9-year-old daughter were so scared by his aggressive manner when he arrived home that they left the house.
The pair have name suppression, so the identity of the defendant cannot be revealed.
They returned an hour later and were again confronted by the intoxicated man.
Hiding in the girl's bedroom did little to deter him.
The defendant immediately grabbed a cellphone from his stepdaughter and hurled it into the lounge."Do you want a punch in the head?" he yelled at her.
The mother passed her phone to the girl and instructed her to call police, then lunged at the defendant when he tried to intervene.
He responded by pushing her backwards on to the bed, pinning her down and gripping her throat with both hands."After about 15 seconds he released his grip, pulled [the victim] off the bed on to the floor and began punching and kicking her about the body and continued to yell at her, saying he would kill her," a police summary said.
As the woman shielded herself, her daughter covered herself in clothes and hid under a table in the room while watching the assault. When the defendant finally relented, the girl went over and held her mother, the court heard.
Police arrived shortly afterwards and the man initially denied the attack, claiming he would never hurt the pair.
At a restorative-justice conference he said he had little memory of the episode but pleaded guilty to assaulting a female, threatening to kill and threatening to do GBH."You just don't want to recall what you did, I think," Judge Phillips said.
Counsel Deborah Henderson said her client was committed to relationship counselling and was prepared to "do whatever it takes to make amends".
That did not appear to include abstaining from alcohol, the judge said."You say you have had no alcohol since the incident but you're already planning on going back to the pub; but you'll take less money with you," he said."It appears to me you use the pub as an escape route and your drinking is at the least highly problematic."
The victim suffered only minor injuries from the attack. Had they been any more severe, the defendant would have been locked up, Judge Phillips said.
The man, who had no previous convictions, was sentenced to three months' community detention and nine months' supervision.
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Identity Teen accused of killing Oliver Johnston remains secret
The identity of a teenager charged with murdering a 20-year-old man, whose body was found on a Canterbury lifestyle block after a two-day police hunt, will remain a secret for at least two more months.
The 18-year-old man is accused of killing Oliver Johnston, aka Oliver Greene, from Christchurch, between June 23 and June 28.
When he first appeared at Christchurch District Court earlier this month, a judge granted interim name suppression on grounds of extreme hardship and preservation of fair trial rights after an application by defence counsel James Rapley. Name suppression would have to be argued more fully at the next appearance, the judge said.
The teen was remanded without plea in custody to the High Court in Christchurch to today.
Rapley today asked for a further remand as there was more disclosure coming from the police.
He also sought continued interim name suppression, which was granted by Justice Gerald Nation. Submissions relating to name suppression and the reasons for it being granted were also suppressed by the judge today.
The teen was remanded in custody without plea to September 21. Police confirmed Johnston was found at the rural Woodend Beach property, 20kms north of Christchurch, two days after detectives rushed to the Jelfs Rd property following reports a body was there.
It took intense specialist searches to find the body.
Johnston's family has asked for privacy.
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Auckland woman declared unfit to stand trial for grisly murder of sister in 2008
It's been nearly 10 years since police found a badly-burned body in the boot of a car at a West Auckland home. Now, the Herald can reveal details about the lengthy and perplexing case after a judge decided there will be no trial.
A woman accused of murdering her sister and leaving her charred remains in a car has been declared unfit to stand trial nearly a decade after the gruesome Auckland killing - despite a judge saying there is evidence pointing towards her guilt.
Boushra Hashem Rahman was first arrested and charged with the murder of Shaema Hashem Rahman on October 13, 2008.
She appeared in court via AVL, pushed into a blank room on a wheelchair and dressed in white at the Mason Clinic, for a disposition hearing today in the High Court at Auckland.
While at Auckland's forensic psychiatry service for mentally-ill criminals, she has assaulted other patients and staff and was in a wheelchair because of such an attack.
During the early hours of October 11, 2008, her 24-year-old sister's body was found by police in a car and inside the garage of a Henderson home.
When officers arrived they found Rahman in a bedroom.
She said she'd been in a fight with her sister and police say she admitted killing her sibling on October 9.
But, the case wasn't as simple as a confession to officers.
Now, after years of legal wrangling, the Herald can finally reveal details of the prosecution of Rahman for murder.
Blurred motives - blackmail and insurance fraud?
Up to 10 people were believed to be living in the house, neighbours told the Herald at the time the body was found.
The family was said to be from Iraq and had been "victims of war".
The Crown would rely heavily on Rahman's confession to officers shortly after they discovered her sister's body.
She said she had drugged her sister before stabbing her.
But, Rahman would soon start denying the murder, claiming the confession was false and made under pressure from family members.
Her alternative account of what happened blamed her brother's wife for the killing.
She said she witnessed her stabbing and killing her sister.
The motive, Rahman said, was that her sister had an audio recording of her sister-in-law admitting more than $20,000 in insurance fraud.
Police and forensic teams, pictured in October 2008, investigate at the West Auckland home where the body was found. Photo / Michael Craig
Rahman claimed the sister-in-law then threatened to also kill Rahman's brother unless she told police she was the murderer.
She said her sister-in-law had moved her sibling's body to the garden, poured petrol on it and burned it.
The next day, Rahman said her brother called police.
One neighbour had called the Fire Service about a plume of thick black smoke coming from the property."The police said they could have been burning the sister's body. They said that they found a petrol can over there," the neighbour said.
The body was so badly burned it had to be identified through dental records, while a post-mortem examination also found incision marks.
Rahman then changed her story last year.
Suppression orders prevent the Herald from reporting why her story changed.
Unfit to stand trial?
Rahman's case has dragged on through the courts for the past decade, ever since several mental health assessments were ordered after her arrest.
Psychiatrist reports from last year show she suffers from psychosis and borderline personality disorder, amongst other mental disabilities.
She was first found unfit to stand trial in May 2010.
In June that year an order was made to detain her as a special patient.
But, in January 2012, her status was changed by the director of Area Mental Health and on January 10 she was transferred from the Mason Clinic in Auckland to the Haumietiketike Unit in Porirua, another forensic mental health unit.
Rahman spent more than two years there, before in September 2015 then Attorney-General Chris Finlayson directed she be brought before the courts again and tried.
The Attorney-General's decision relied on reports from clinical psychologist Dr Duncan Thomson and psychiatrist Dr Nick Judson.
The experts said she would struggle to give instructions to her legal counsel, misinterpret questions put to her, and be unable to follow all aspects of the trial - but none of that mattered if she could follow the court proceedings in general terms.
Thomson said Rahman was approaching the adequate level of competency."[The accused] is fit to stand trial although steps will need to be taken to mitigate the effects of her disability," he said in his report.
Hudson concurred and said: "Rahman appears to have recovered sufficient competence to be considered fit to stand trial."
Rahman would next appear in court again in November 2015, but attempts to assess her fitness to stand trial were delayed.
Rahman was requiring frequent hospitalisation due to self-harm.
She was banging her head and ingesting objects, including one of her hearing aids and the batteries. She had also tried to strangle herself.
The court heard today she has also inserted objects into wounds and poured hot water on herself, while suffering side-effects from her anti-psychotic medication.
Finally, in May 2016 a hearing was held in the Waitākere District Court to determine Rahman's fitness to enter a plea.
As a result of medical evidence submitted for the hearing, Judge Lisa Tremewan found Rahman fit to stand trial.
However, the judge had reservations and noted that accommodations would need to be made to assist Rahman with the court proceedings.
The badly-burned body was found in the boot of a car inside the home's garage. Photo / Michael Craig
In December 2016, a two-day depositions hearing was held in the Auckland District Court to establish if there was enough evidence to place Rahman on trial.
There was and Rahman was committed to the High Court for trial on December 13, 2016.
A trial was scheduled last September but again the issue of her fitness arose and the trial was adjourned.
The defence team obtained two further psychiatrist reports which said Rahman came close to the threshold of being found unfit to stand trial.
Two days before a March hearing, Rahman was seen by a psychiatrist, Dr Ian Goodwin.
Clinical notes show that after Goodwin left the room she threw a cup against a wall, shouted that she needed to die, and punched a fire hydrant door.
Rahman needed to be physically restrained by staff and sedated.
At the hearing, Rahman was heavily medicated and not restrained as she had been at previous court appearances.
She was also not wearing her sports helmet as she had at the depositions hearing.
Two staff members from the Mason Clinic watched her and were ready to intervene if she posed a danger to herself or others.
Two doctors, including Goodwin, said she was now unfit to stand trial.
The 'killer's' judgment
In a May judgment following the March hearing, Justice Mark Woolford declared there was sufficient evidence to conclude Rahman killed her sister.
However, he also concluded Rahman, whose behaviour was "not motivated by a desire to escape justice", is unfit to stand trial."Rahman has a number of complex conditions that all contribute to the overall finding of unfitness," he said."Previous clinicians, in fact, thought it desirable for therapeutic reasons for Rahman to have her day in court. Others have said that the criminal process should be allowed to continue in order to see what will happen."Rahman will not be able to follow the court process with sufficient degree of understanding to make it fair. Nor will she be able to process information adequately in order to instruct counsel," Justice Woolford said.
Rahman was remanded back to the care of the Mason Clinic as a special patient, and Justice Woolford said today treating her properly will be difficult.
Without a trial, what really happened in 2008 at the West Auckland home may never be known.
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Suspected serial sex attacker stalking Wellington streets
Looking back, Leung said she feels lucky. Detectives told her at least one of the other linked cases has ended in rape."But how f****d up is that?" said the now 33-year-old. "No one should have to feel lucky they only got threatened with murder. I mean, I was walking home. Women should be able to walk home."
Attacks identified by the Weekend Herald are within a 2km radius of Leung's August 2011 assault. One was just nine months later, when a 19-year-old was grabbed from behind in May 2012, also at Massey University.
Two others were on a pathway nicknamed "rape alley" near Victoria University's Boyd Wilson field in April 2014. The latest was in January 2017, again at the Boyd Wilson field.
The Weekend Herald understands the links between the cases are behavioural, rather than forensic. Details of at least two attacks were sent to the criminal profiling unit for examination, but it was unknown what similarities were identified.
An identikit image recognised by Grace Leung as her possible attacker, released after two sexual assaults near Victoria University in 2014.
Detective Senior Sergeant Warwick McKee, from the Wellington criminal investigations bureau, refused to comment, but confirmed 12 attacks were under investigation.
It's understood little is known about the possible offender. Descriptions have varied, though this is not unusual in sex attack cases.
Leung told police her assailant was aged around 30, of medium height and build, and not very fit or strong. She described him as having light hair. However, a subsequent victim described an offender with dark hair.
An identikit photo released four years ago in relation to the two assaults at Boyd Wilson field showed a young man with light features, wearing a hoodie.
Leung recognised the man in that picture, and attempted to tell police she thought it was the same offender.
She believes police missed an opportunity to catch the man because her calls were effectively brushed off. After two weeks of trying, she managed to speak to a detective for only 15 seconds.
At the time she didn't complain, however after reading recent Herald reporting about the historic mishandling of sex crimes, she contacted the paper with her concerns."Reading the article made me think about what happened to me again. I was sure the guy wasn't caught. I thought, what if he's still out there?" she said.
When she requested her police file last month, Leung confirmed police had not recorded the call or re-opened her case despite the new information.
She was horrified to discover police believed a second woman was attacked by the same man in the same area just nine months later.
At a meeting with police in earlier this month, Leung was told there were in fact up to 12 cases where the attacker had a similar "modus operandi" to the perpetrator in her case, although there was not enough physical evidence to connect the attacks for sure.
Up to 12 attacks are thought to be linked to the same offender - including five near Massey and Victoria universities.
"It's crazy," Leung said. "I try not to fill in any gaps. There's so much I don't know. But the fact that he got away with it ... it's just like why do we live in a society that's like that?"
She said police had apologised for failing to follow up her 2014 tip off, however she still felt disappointed that she wasn't taken seriously."But I guess it's the horrible but realistic way we have to look at it though - there's a lot that needs police attention and they probably don't have the resource."
However, Leung thought women had the right to know if there was an attacker at large.
Private investigator Tim McKinnel said, while he couldn't comment on specific details, there was a critical public safety issue."There's an argument that police might not want to cause alarm but if done in a careful and balanced way there's a benefit in letting public know - both in terms of public safety and collection of evidence."
Private investigator Tim McKinnel says there are almost always unreported attacks in serial predator cases. (Photo/NZ Herald)
McKinnel said in any serial rape cases, it was likely there was a number of unreported attacks, and having information public might lead to reports of suspicious activity or near misses.
Detectives said anyone who had information they might be interested in should contact them on the Crimestoppers line: 0800 555 111.
SEXUAL ABUSE OR ASSAULTS - WHERE TO GET HELP:
The Safe to talk sexual harm helpline is available free 24/7:
• Call 0800 044 334• Text 4334• Email support@safetotalk.nz• Resources, info and webchat atwww.safetotalk.nz
If it's an emergency and you feel that you or someone else is at risk, call 111.
You can also visit the police website for information about reporting sexual crime. http://www.police.govt.nz/advice/victims/victims-rape-or-sexual-assault
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Mistaken identity suspected in Mount Maunganui home invasion
A house on a quiet Mount Maunganui street became a crime scene yesterday when three men armed with weapons forced their way through the front door.
Inside, a man and woman were sleeping.
Police were alerted to an aggravated burglary at the Valley Road property at 4.20am yesterday – an incident Western Bay of Plenty area commander, Inspector Clifford Paxton, believed was a case of mistaken identity.
"We believe that the occupants of this address, a man and a woman, were not the intended subjects of this attack," Paxton said.
"It is deeply concerning that the occupants of this address have been put through such an ordeal.
"We want to assure the community that we are treating this incident very seriously and are actively investigating."
He said the people at the house during the attack were not injured and were given support.
Late yesterday, police said a 29-year-old Northland man had been charged in relation to the incident and was due to appear in Tauranga District Court today facing one charge of aggravated burglary.
Residents on the street, who wanted to remain anonymous, say their neighbourhood is normally a peaceful area and they were shocked to learn what had happened.
One woman who lived nearby said she first found out about the incident when the police knocked on her door later in the morning to see if she had heard anything.
"It was a bit of a wake up. Bit concerned because I also realised I left my door unlocked last night too, which is something I don't usually do. Just by mistake. So when I realised that I was like holy s**t that's a bit scary," the woman said.
"There's never any issues down these roads so ... it was a shock, actually. Usually that doesn't happen around this area. So yeah, it was quite concerning.
"I did ask the police if we're all safe here."
She went and checked on her other neighbours when she found out.
"They're a bit freaked out as everybody else seemed to be. Just because it's unheard of around here."
The front door of the Valley Rd house shows signs of forced entry. Photo / John Borren
A man and a woman who lived across the street from the invaded house on Valley Rd said their neighbours were shaken. The woman said she saw them later that morning.
The man was particularly emotional.
"He just broke down. He was just so upset. It was big hugs all round. And he said 'you just wouldn't believe how awful it was'," the woman said.
She said it was normally a quiet neighbourhood and she and her husband were not too concerned as they were confident it was a case of mistaken identity.
At the time of the alleged attack, the couple said they woke to a series of loud bangs shortly after 4am.
The couple told the Bay of Plenty Times Weekend they got out of bed and went outside to see what was happening.
"We were trying to work out what the heck was going on," the man said.
The woman said: "At the time, it was like a movie unfolding".
The man said his wife went right down to the gate to look around.
They could see the door was open at their neighbour's house across the road, but could not see inside as no lights were on.
"We just thought that they had come out to investigate too," the woman said.
Then the door closed.
When the police arrived soon after, it is alleged three men carrying weapons – what kind, police have not specified – ran from the house and got into a car.
Police chased them to Blake Park where the men got into another car. The pursuit continued to Maunganui Rd.
The men then ran from that vehicle, through Omanu Golf Club and along the side of the airport.
The area was cordoned off and dogs and armed officers searched for the men.
The police recovered two vehicles which were being examined and further inquiries were being made.
If anyone in the wider Mount Maunganui area witnessed anything suspicious early yesterday morning they should call Mount Maunganui police on 07 575 3143.
Information can also be given anonymously via Crimestoppers on 0800 555 111.
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Two men arrested and charged over murder of Mitchell Paterson
Two people have been arrested and charged over the murder of the man whose body was found at McLaren Falls last week.
Ngaruawahia man Mitchell Paterson was found dead at the falls near Tauranga on July 13.
Last night, police arrested a 36-year-old man in Paeroa and charged him with murder and kidnapping, Detective Inspector Graham Pitkethley said.
A 27-year-old man has also been arrested and charged with being an accessory after the fact.
He will appear in the Hamilton District Court on July 31, while the 36-year-old will appear on Monday.
The enquiry into the circumstances surrounding Paterson's death continues.
Police would like to thank the community for their assistance, especially those community members in Paeroa yesterday evening, who were patient with police while inquiries into the operation were being conducted, Pitkethley said.
Anyone with further information can contact Hamilton Police on (07) 856 6200.
Paterson's family said in a statement released by police that he had a "heart of gold".
"He was a hard-working and a well-loved father, son, grandson, nephew, cousin and dear friend. He will be sadly missed by his family," the statement said.
"We are extremely grateful and appreciate the police investigation team working quickly to identify and hold people to account for Mitchell's death.
"We ask that the public and media please respect our privacy at this difficult time so we can process our loss and grieve as a family for Mitchell."
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Kim Richmond murder trial: Fitbit records last heartbeat
Kim Richmond's Fitbit recorded her last heartbeat at 3.43am on July 31, 2016.
Her partner of 26 years, Cory Scott Jefferies, admits killing her, but says it was unintentional, or manslaughter and not murder.
Jefferies' week-long trial began in the High Court at Hamilton today before a jury of five men and seven women.
The Crown alleges that her death was carried out by her jealous partner after he became aware she was having an affair.
Cory Scott Jefferies in the dock in the High Court at Hamilton yesterday. Photo/Alan Gibson.
He discovered the affair seven months prior to her death and repeatedly approached the married man, Alfons Te Brake, and each time he attempted to calm an angry Jefferies.
Crown prosecutor Ross Douch said Jefferies told him "I just want to f****** kill the bitch" and that he "wanted her gone".
In the weeks before her death, Jefferies obtained photos of the pair kissing and again confronted Te Brake.
Richmond, the mother of Jefferies' three children, went missing during the early hours of July 31, 2016, after the couple had been at a function at the Arohena Hall where locals had gathered to watch a Chiefs semifinal game.
When Kim Richmond took up triathlons, Corey Jefferies joined her and they raced together at multisport events.
Her body was eventually found 11 months later in Lake Arapuni - where police had searched earlier - inside her Ford Ranger.
Families of both the accused and the victim's family were back in court to hear opening submissions from Douch, who said the couple had enjoyed a good night up until the event finished up about 3am.
They then helped a man clean up before leaving the venue about 3.30am.
It was on that journey home that the Crown alleged her death occurred after GPS from their cellphones stopped about 120m short of their home.
It is then the Crown alleges that a violent attack took place in their vehicle.
The Fitbit recorded a period of elevated heartbeat between 3.30am and 3.39am as the couple helped tidy the hall before they set off and it calmed down.
Her last recorded heartbeat was at 3.43am.
Cellphone records helped detectives track Jefferies' phone as it travelled to Lake Arapuni before it headed back home.
Richmond's cellphone did not make the trip and stayed where the vehicle had stopped.
However, the tracking was also able to tell that it was moving at a much slower pace - a walking pace.
Jefferies eventually reported her missing on the Monday when he rang Richmond's mother, Raywynne, asking if she had heard from or seen her daughter.
Cory Scott Jefferies arriving at the High Court at Hamilton yesterday. Photo/Alan Gibson
Defence counsel Tom Sutcliffe told the jury his client accepted causing her death in the vehicle that night but it "was culpable homicide in that he committed manslaughter and not murder".
"Cory Jefferies admits that he is guilty of manslaughter but did he actually mean to kill her or mean to cause her bodily injury that will cause her death. What was the intention when something happened in that car?" he asked.
Eleven witnesses are due to be called in the trial, including Richmond's mother, Te Brake and other community members.
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Whanganui man pleads not guilty to manslaughter
A man has pleaded not guilty to manslaughter in relation to the death of Daniel John Gooch.
Conrad Gray, 34, appeared in Whanganui District Court today , where his council Raukawa Simon entered not guilty pleas on behalf of her client for three charges: manslaughter, assault with intent to injure and perverting the course of justice.
Gray, an artist, has elected a trial by jury and will make his first appearance in the high court in Whanganui on August 10 at 9am.
Gooch died in Taranaki Hospital on May 10, 20 days after he was found unconscious on Tinirau Street in Whanganui.
Gray will also have a case review hearing in the district court on September 25 on other matters.
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Sex attack victim: 'If I had known I never would have walked there'
A second victim has described her attack by a suspected serial predator - and says police should have issued a public warning to ensure other women could be safe.
The woman, who was 19 when she was assaulted on a secluded path near Wellington's Massey University in 2012, said she was horrified to learn afterwards there had been another incident in the same area nine months earlier.
"I had no idea. When the detective told me there had been other cases I felt, surely this should be known. Surely there should be a way to be safe," she said.
"If I had known I never would have walked there, and I wouldn't be another statistic."
She said she felt devastated after reading the Herald at the weekend to find the same man had possibly attacked up to 12 other women, and was the subject of a current police investigation - something they hadn't made public.
"If police believe it's the same person and it's happening often, there definitely should have been some kind of announcement so people are aware," she said.
"I understand the need for privacy, there doesn't have to be details, but if I had known that there was someone out there ... it would have made a difference to me."
The woman, who did not want to be named, said the details of her attack were very similar to that described by scientist Grace Leung, who was assaulted on the pathway in August 2011.
Grace Leung at the path through Massey University where she survived an attack in 2011. Photo/Mark Mitchell
Leung, who is short and slight, was grabbed from behind as she walked at night and told: "Scream, and I'll kill you". She fought the man off and ran away. She later said he seemed unfit.
The second woman said she was of average height, but at the time weighed only 48 kilograms. A man ran up behind her on the path and grabbed her, putting one hand on her mouth and one around her neck, and said something like "don't scream".
"I fought back the best I could. I pulled the beanie off his face. I wanted to see him," she said.
"He punched me and I fell to the ground, but my fight instinct kicked in. I knew if I scratched him or pinched him I'd get some DNA under my fingernails."
The woman said the man didn't feel very strong.
"He didn't have that much force and I thought he was a bit weak for a man. I think that's why we were lucky in getting away - he didn't have the power to do anything to us," she said.
"That does worry me though. He might get stronger, or bring a weapon next time. That kind of crime can escalate quite quickly to rape or even murder."
Her attack ended when someone came down the path from the nearby gym. By that time she was curled in a ball on the ground.
She went to her boyfriend's house and cried all night. "I showered and showered and showered. Even though I'd been scratching him to get something."
The next day she went to the police station - not for her sake, but because, she says, she didn't want it to happen to anyone else.
"I thought it would help, but now it's happening again."
The incident - just 15 minutes - changed her whole life, the woman said.
An aerial view of the path near Massey University Wellington where two attacks happened just nine months apart.
She stopped going out. She couldn't walk alone.
If she saw anyone who bore a resemblance to the man - who she said had tanned skin, not pale skin like the man described by Leung - she would get angry.
When someone walks up behind her even now, her heart starts racing.
"I'm getting better, but I'm quite reactive. I really don't like it if my friends are going out and they walk off. I make them get a taxi," she said.
She said when she reported her attack, police did an excellent job. But after six months, she gave up hoping the man would be caught.
"I count my blessings. It could have been worse. For a while I thought, 'Why me? Was it something I was wearing?' But I know it wasn't my fault."
She said it was difficult coming to terms with the impact it had on her life, for example going home early from university so she wouldn't be alone in the dark.
"This shouldn't be about telling women to be safe. It should be telling men to get their shit together," she said.
Wellington police have so far confirmed there are 12 cases possibly linked to the man, believed to include the cases at Massey and some near Victoria University.
Ties between the cases are believed to be behavioural, rather than forensic, but little is known about the possible offender.
Leung thought she recognised him in a 2014 identikit produced after two more assaults at the Boyd Wilson field near Victoria, but her phone call identifying the man was never followed up.
Police refused to comment further for "investigative and operational reasons".
SEXUAL ABUSE OR ASSAULTS - WHERE TO GET HELP:
The Safe to Talk sexual harm helpline is available free 24/7:
Call 0800 044 334• Text 4334• Email support@safetotalk.nz• Resources, info and webchat atwww.safetotalk.nz
Contact details for Rape Crisis are available here
If it's an emergency and you feel that you or someone else is at risk, call 111.
You can also visit the police website for information about reporting sexual crime. http://www.police.govt.nz/advice/victims/victims-rape-or-sexual-assault
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