Mark McCutcheon’s widow calls killer’s apology an ‘insult’ and says she is elated he will stay in jail - for now

Hulio Ataria pictured at the Napier courthouse during his sentencing for the murder of Mark McCutcheon in 2009. Photo / NZME

The widow of a man murdered by a gang prospect in 2009 has rejected a letter of apology, calling it an insincere insult, and says she is “elated” the killer will stay in prison.

Hulio Henry Ataria received a life prison sentence in 2010 after stabbing Mark McCutcheon to death outside the Sandford Arms Tavern in Central Hawke’s Bay.

McCutcheon, 34, was stabbed three times after he tried to intervene in an argument between a Mongrel Mob associate of Ataria and the associate’s partner.

Ataria admitted the stabbing but claimed it was self-defence.

Although only 23 at the time, Ataria already had two pages of convictions, including for violence, burglaries and possession of firearms.

The Parole Board, in a decision dated March 31, said Ataria remained an “undue risk” after his progress on a release-to-work programme was frustrated by Covid-19 restrictions and the closure of a prison self-care unit.

It declined to release him and said it would see Ataria again in January 2024.

The Parole Board suggested last year that Ataria write a letter of apology to McCutcheon’s family.

The latest decision records that he did this but McCutcheon’s widow, Paula Stoddart, described the letter as “yet another insult to not only myself but Mark’s family and all that knew him”.

Stoddart emailed part of a victim impact statement she had prepared for the Parole Board to Hawke’s Bay Today.

“Fourteen years on I sit with the exact nauseating revulsion I felt when realising Mark’s life had been tragically taken,” she said - “Taken by a killer who would never understand the depth of our hurt and devastation.”

“Only after being ‘invited’ by the Parole Board in 2022, did we receive a letter from the killer.

“I am unable to accept or describe this attempt as a sincere expression of regret or remorse. (It is) an insincere and disingenuous act only fulfilled for his own ‘box-ticking’ benefit of release.”

The Parole Board said that since it last saw Ataria in March 2022, he had completed a drug treatment programme and was on a release-to-work programme when Covid-19 struck and he had to return to prison.

“Mr Ataria has become somewhat frustrated at the lack of progress on reintegration. We can understand that frustration,” board chairperson Sir Ron Young said.

“Since we last saw him nothing much has really progressed. The prison still does not have release-to-work available, nor is Self-Care open. There are limited visitors.”

The board said Ataria had made a major effort to stop contact with gang members in prison, and had been making no gang gestures or salutes.

His release proposal was to live in Wellington, away from his family, who are still heavily involved in the gang and who mainly live in Hawke’s Bay.

Sir Ron said Ataria had asked to see a psychologist as he was concerned that he tended to ruminate and turn over issues in his mind, and still seemed to be somewhat unsettled.

The board said it would see him again in January, but Ataria could make an application to see the board earlier if his progress was quicker than anticipated.