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Home / Hawkes Bay Today

Top Story: Two of Bay's worst crims in bid for Govt payout

Hawkes Bay Today
20 Sep, 2004 03:40 AM3 mins to read

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PETER GASTON
Two of Hawke's Bay's most violent criminals are among 18 seeking compensation for being kept in solitary confinement in New Zealand's toughest jail, where they almost killed another inmate seven years ago.
They are brothers Warren Charles Te Hei and Sam Te Hei, both currently serving time for the
attempted murder of a fellow inmate who was stabbed at least 10 times in his Auckland Prison cell bunk, where he lay with a broken leg.
Warren Te Hei was at the time serving a sentence in Paremoremo jail for armed robberies in Hawke's Bay.
Sam Te Hei was on a life sentence for the murder of 15-year-old Napier girl Colleen Burrows, who was found dead on a track beside the Tutaekuri River near the Brookfields Bridge, between Meeanee and Pakowhai, on the morning of June 19, 1987.
A trial was told she was kicked to death after refusing sex with a group of gang members.
In 2000, Warren Te Hei was one of nine prisoners who received a payment after being beaten by guards at Mangaroa Prison in Hawke's Bay.
Sam Te Hei is one of four who have been convicted of murder among the 18 involved in the latest action.
The prosecution in a trial after the Paremoremo stabbing said they attacked gang prospect Anesome Benehuro Graham because he refused to stab a prison officer as an initiation rite.
Lawyer Tony Ellis, who acts for the inmates, estimates that the 18 could be in line for $500,000, based on a ruling this month that awarded five former inmates a total of $130,000.
In all, about 200 inmates could have a claim, worth $4.5 million based on that award.
At the time of the Mangaroa payout, the Government refused to reveal the amount, but this week the Corrections Department confirmed it was $325,000. It would not specify what each man received.
A ministerial inquiry found the prison used informal squads of guards known as "designated hitters" to restrain and beat inmates.
Twelve guards were sacked, the prison's name was later changed to Hawke's Bay Regional Prison, and the Government formally apologised to the prisoners.
Mr Ellis said he had about 10 more specific claims ready to file and was considering taking a class action on behalf of all the estimated 200 Paremoremo inmates held in solitary confinement under the Corrections Department's controversial Behaviour Management Regime, which ran for four years.
The claim alleges prisoners were unlawfully held in solitary confinement, in conditions that fell below "those ordinarily enjoyed" by maximum security inmates at the jail.
At its most extreme, the regime involved a pris oner being locked in his cell 23 hours a day for 14 days.
Corrections is appealing the September 2 ruling, in which four other inmates were awarded between $2000 and $25,000.
If the Court of Appeal confirms the award, the Government might consider a settlement to all inmates held under the regime rather than face court battles.
Justice Minister Phil Goff has instructed staff to work on a law change to stop such claims, but it would not apply retrospectively.

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