Rotorua’s Dane Pukepuke sentenced for murder of David Kuka in Tauranga

A Mongrel Mob gang member who shot an innocent man twice at close range “execution-style” and then left him for dead will spend at least 15 years in prison.

David Kuka was shot in the head and neck on the evening of February 11, 2018 at his home in Tauranga.

The police investigation into Kuka’s death, Operation Ubertas, eventually led to the arrests of four men.

Dane Mark Pukepuke, 56, of Ōwhata in Rotorua, pleaded guilty to Kuka’s murder on October 19 last year. Three other gang members were found not guilty of murder at trial this September.

One, Mongrel Mob captain Adrian John Rewiri – who had the vehicle used in the killing stripped of evidence and crushed – was found guilty of being an accessory after the fact to murder and jailed.

Pukepuke was sentenced in the High Court at Rotorua today. He spent much of the hearing slouched in the dock, sometimes smiling across the courtroom.

Among those also present were members of Kuka’s family, who have waited nearly six years for justice, and a woman Pukepuke greeted as “Mama”.

Justice Graham Lang addressed Kuka’s family.

“Nothing I can do today can bring your loved one back,” Lang said.

“The most I can hope is that with sentencing today, this particular chapter in your journey has closed. It has been a devastating event for you.”

Tauranga man David Kuka was killed at his home in February 2018.

Lang said Kuka was a “completely innocent party” who was “simply in the wrong place at the wrong time”.

“There is no dispute here that the sentence the court will impose is one of life imprisonment. There is no challenge to that,” Lang said.

“The issue I need to decide today is how many years it’s going to be that Mr Pukepuke has to wait before he’s allowed to apply for parole.”

Lang said the jury’s findings at the trial of Pukepuke’s co-defendants Rewiri, Luke Belmont and Maru Wright gave him “good insight” into the events leading to Kuka’s murder.

“You and your co-defendants were members of the Mongrel Mob gang,” Lang said.

“On January 3, 2018, another member of the Mongrel Mob, Mr Lance Waite, was shot and killed at the address where Mr Kuka was living and was subsequently shot.”

Lang said Pukepuke attended Waite’s funeral in Hawke’s Bay and, in the weeks following the shooting, travelled from Rotorua to Tauranga.

“Cellphone polling data showed that you and Mr Belmont were in Tauranga on the day when members of the Mongrel Mob visited [Waite’s] address.”

Lang said Pukepuke was present when Mongrel Mob members forced a person at the address to write a list of the names of the people present on the night Waite was shot.

“Mr Kuka’s name was on that list.”

The day David Kuka was murdered

CCTV footage and cellphone polling data showed on the day of the murder, Pukepuke travelled in a vehicle from Rotorua to Tauranga’s Gate Pā, where he arranged to change vehicles.

Lang said two vehicles left Gate Pā at 8.38pm and were captured on CCTV travelling in convoy down Cameron Rd towards Pyes Pā at 8.50pm, with cellphone data then putting Pukepuke in the Welcome Bay area between 9.18pm and 9.34pm.

Lang said Pukepuke changed cars on Welcome Bay Rd and drove a Ford Falcon (AU) to Kuka’s Gate Pā home.

The vehicle was captured on CCTV at 9.58pm travelling towards Kuka’s Wilrose Pl address. It was filmed driving away at 10.02pm.

“I am satisfied beyond a reasonable doubt that Mr Kuka was killed as a result of a decision taken by you to exact retribution for Mr Waite’s death on behalf of the Mongrel Mob,” Lang said.

Dane Mark Pukepuke, 56, of Ōwhata, was sentenced in the High Court at Rotorua for the murder of David Kuka. Photo / Andrew Warner

Lang said Pukepuke was “considering the issue of retribution from an early stage” and could not have killed Kuka “spontaneously”.

“You entered Mr Kuka’s dwelling with the intention of shooting an occupant of the address,” Lang said.

“You discharged the firearm at Mr Kuka virtually immediately after you entered the dwelling and encountered him in the kitchen upstairs. You did so on behalf of the Mongrel Mob.”

Lang said there was no evidence of a struggle.

“Mr Kuka was shot in the head and neck at close range,” Lang said.

It took less than four minutes.

“You left the scene when you must have known Mr Kuka was severely injured and likely to die without medical intervention.”

Dane Mark Pukepuke’s sentence

Crown prosecutor Richard Jenson said Pukepuke set out “to commit a retribution murder”.

“This was a highly callous killing,” Jenson said.

Jenson said Pukepuke showed a “disregard for the life of whoever he would come into contact with” and a “high degree of indifference” for Kuka’s life specifically.

“It was an execution-style killing. Mr Kuka was effectively left for dead in very short order.”

Jenson sought a minimum period of imprisonment of 17 years under Section 104 of the Sentencing Act.

That section requires the court to impose a minimum imprisonment term of at least 17 years if a murder has certain listed characteristics.

Jenson said Kuka’s murder fit the criteria because it involved unlawful entry or presence in a dwelling, calculated or lengthy planning and was committed with a high level of brutality, cruelty, depravity or callousness.

Pukepuke’s lawyer Scott Mccolgan said “every murder is callous” and the manner of Kuka’s death did not reach the level required to trigger a Section 104 sentence.

“There have been execution-style killings where Section 104 was not engaged.”

Mccolgan said there was an absence of evidence of forced entry and the premeditation and planning did not meet Section 104′s criteria.

“This was an enterprise that was engaged in over a period of less than 24 hours.”

Mccolgan said there was no dispute a sentence of life imprisonment should be imposed, but sought a minimum of 13 years without parole.

Lang said while Pukepuke’s actions were “calculated” and involved his unlawful presence in Kuka’s home, the murder did not meet the level of brutality required to trigger Section 104.

Lang sentenced Pukepuke to life imprisonment and ordered him to serve a minimum 15 years before becoming eligible to apply for parole.

Maryana Garcia is a regional reporter writing for the Rotorua Daily Post and the Bay of Plenty Times. She covers local issues, health and crime.