Judge sets challenge to violent ex-mobster: prove commitment to rehab for chance of a lesser sentence

The attack happened outside KFC on Hastings' Heretaunga St West. Photo / Paul Taylor

The second of two men involved in a gang-related street attack has been given the chance to demonstrate his commitment to change and rehabilitation before being sentenced.

Charlie Paeora Whiunui appeared in the Napier District Court on Thursday after being found guilty of aggravated robbery and assault with a weapon.

The day before, his co-offender Vinnie Freeman Herewini was sent to jail for three and a half years for the daylight attack on a rival gang member outside KFC in Hastings in October 2020.

However, Judge Russell Collins put off sentencing Whiunui, initially until next week, so Whiunui could decide if he wanted a longer deferment to prove he was committed to undergo rehabilitation.

Crown prosecutor Michael Blaschke is seeking a prison sentence, with a starting point of four years.

But Judge Collins suggested the sentence could be reduced to the two-year jail term where home detention becomes an option if Whiunui could provide evidence of rehabilitative treatment on remand.

“He gets the chance to avoid going back to prison,” the judge said.

He added, however, that there were “no promises” about the outcome.

Whiunui has been in jail on remand for more than three months and was remanded back into custody to appear in court again on February 1.

The judge invited defence counsel Satchie Govender to submit a bail application if Whiunui wanted to seek a longer sentencing deferment.

Judge Collins said a lengthy adjournment would allow Whiunui to prove his determination to undergo alcohol and drug rehabilitation, to show how good a parent he was, and to “demonstrate in all parts of his life that resorting to violence is not something that will happen in the future”.

Whiunui and Herewini were both associated with the Mongrel Mob when they attacked Black Power member James Rivers, who was wearing a hoodie in his gang’s colours, outside KFC on Heretaunga St West, Hastings.

During the ensuing violence, both men beat Rivers with a golf club and Rivers pulled a knife in response, cutting them both.

Herewini received lacerations to both arms and Whiunui was cut on his left cheek, hand and elbow.

The attack happened in full view of members of the public about 9.20am on October 7, 2020.

Govender told the court that Whiunui had been “kicked out” of the Mongrel Mob since the incident.

Rivers’ Black Power hoodie was taken during the attack, and has not been recovered, but the court has been told this was “incidental” to the attack and not intentional.

Both mobsters beat Rivers with the same golf club. Whiunui hit him about the head with it and Herewini struck him repeatedly with such force that the club snapped.

Rivers picked up his food order from KFC after the incident and did not co-operate with the police investigation.