Children back in jailed dad's arms

Six Napier children split from their parents when the couple were unexpectedly both jailed last month for benefit fraud are being reunited with their father after a successful appeal against his sentence.
But, while Wiremu Kawenga was released from Hawke's Bay Prison yesterday afternoon, mum Cara Huddleston remains in Arohata Prison near Wellington, her appeal unsuccessful and a homecoming now resting with a home detention application being heard by the Parole Board on July 9.
The two were each sentenced by Judge Tony Adeane in Napier District Court on May 15 to six months' jail.
Appeals to the High Court were heard by Justice Graham Lang in Napier yesterday.
Kawenga's appeal by lawyer Andrei Sharko, who acted for both last month, was upheld.
Deciding community work would have been the appropriate sentence originally, Justice Lang resentenced him to six weeks' jail, allowing Kawenga, with time served, to be released immediately.
But Justice Lang turned-down the appeal by Huddleston, argued by Hastings barrister Bill Calver on behalf of Porirua-based former Napier lawyer Amanda Courtney who took-up her case after last month's sentencing.
Kawenga, a shearer who had been on an unemployment benefit, had pleaded guilty to three charges of dishonestly using a document and one each of wilfully omitting to advise Work and Income of his and one of making a false statement, leading to overpayment of almost $7000.
Huddleston admitted two charges of making a false statement and two of dishonestly obtaining a pecuniary advantage, leading to the overpayment of $19,039 in domestic purposes benefits.
The charges stemmed from offences after each applied for benefits during what became a short-term separation, in May and June 2004.
Appearing on behalf of the Ministry of Social Development, Crown counsel Steve Manning said it was accepted Kawenga should not have been sentenced to jail, but added that had the sentencings been separate, Huddleston may have been sentenced to a slightly longer term.
Huddleston had no previous convictions but the sum of money exceeded a $14,000 local threshold at which people in Hawke's Bay are often sentenced to jail.
Justice Lang and counsel commented on the variation of sentences imposed in the area, including at least one where prison was not imposed on an offender who had acquired a greater amount, and who had previous convictions.
Mr Calver argued that had Huddleston, who had no previous convictions, used correct processes, such as working for families packages, the family would still have received substantial assistance, possibly not much less than that sum.
She was regarded as a good mother, and there was was no suggestion the benefits had been used for anything other than family essentials.
During the couple's incarceration, the children have also been separated, with three with one of Huddleston's sisters in Mohaka, and three with another sister in Napier.
The family is not expected to be fully united until Huddleston is released from jail.