Judge praises offender for lifestyle changes through Pūwhakamua course

Joseph Herbert says the Pūwhakamua programme for reforming criminals has changed his life. Photo / Andrew Warner

Joseph Herbert thought his life would never be anything more than a revolving door of violence and imprisonment.

And following his last bout of abuse, his former partner of 11 years realised if she stayed with him, he would kill her.

But after a year on the Pūwhakamua programme, designed and run by reformed crime boss Billy Macfarlane, Herbert is on the right path for the first time in his life.

His "rare success story" was last week praised by Rotorua District Court judge Tony Snell who said it was not often he saw somebody "take so many significant strides in the right direction as [Herbert] has in the past 12 months".

Herbert was in court last Thursday to be sentenced on two representative charges of male assaults female and breach of a protection order.

The details of the charges highlight the severity of Herbert's offending against a former partner.

Between November 29, 2018 and January 13, 2019 Herbert beat, berated, kidnapped and threatened to kill the woman.

On one occasion, Herbert stomped on her ribs three times after accusing her of cheating, and on another he punched her in the face while holding keys between his fingers, leaving a gash in her forehead.

The abuse culminated in a two-hour ordeal in the early hours of February 14 in which Herbert kidnapped her, threatened to kill her and himself and strangled her until she nearly lost consciousness.

Judge Snell described how, after arguing at a party, the pair left in Herbert's car at 1am. He drove erratically, at speeds in excess of 140km/h, saying "f*** it, I'll take both of us out".

At one point, while on a country road in Taupō, Herbert put his hands around his partner's throat and started choking her.

"She could not breathe or speak, as a result of this series of assaults, she almost lost consciousness and believed you were going to kill her."

However, she was able to escape Herbert and hid in a ditch until he drove off.

She started walking back towards town but Herbert jumped out of some bushes he was hiding in and started chasing her.

Eventually, the woman was allowed to return home after the two-hour assault and later pressed charges.

Judge Snell said in her victim impact statement, she said it was this attack that made her realise if she stayed with Herbert he was going to kill her.

Judge Snell told Herbert his offending had a profound effect on his victim but she was determined to live for her family.

Herbert was sentenced to seven months' home detention and Judge Snell said the sentence was reflective of the "outstanding progress" he had made.

"I don't say this often but yours is one of the few success stories I've seen in terms of domestic offending.

"Where people make efforts, they will be recognised for it and your ambition to become a mentor to others is one to be proud of.

"I hope you carry on with the good work and good progress you've made in the past year through the Pūwhakamua programme."

Speaking to the Rotorua Daily Post after his sentencing, Herbert said at 47 years old, he didn't think he was capable of changing.

Joseph Herbert wants to become a mentor to other young men on the wrong path in life. Photo / Andrew Warner

"I thought I was going to be an inmate for the rest of my life. Billy's Pūwhakamua programme changed my life.

"I'd still be in jail if it weren't for this programme, I have no doubt about that."

Herbert did not shy away from his offending, saying he would always be sorry for the damage and hurt he had caused his former partner.

"I now know everything I did was wrong but at the time I was on meth and I was doing what I thought was normal.

"Hearing the judge talk about what I did tore me up inside but I know I have to take responsibility for it because I did it."

Herbert said before starting the Pūwhakamua programme, he was illiterate, couldn't speak te reo Māori and had no connection to his culture.

"What Billy has done for me, for all of us, has been huge. We need more places like this, more people like Billy.

"He taught me how to speak te reo Māori, how to write in Māori. It has opened my eyes, I don't know how, but it has.

"These men here are my brothers and they will be my support for the rest of my life."

Herbert said he wanted to mentor others because he wanted young men to see "if this old fulla can do it, so can they".

"Pūwhakamua was my last chance to change, my last chance at life. I want to help others take that chance."

Macfarlane said Herbert had experienced "a lifetime of institutions" and it took enrolling him in Pūwhakamua to break that cycle.

Former crime boss Billy Macfarlane runs the Pūwhakamua programme. Photo / File

He said Herbert had been in the programme for a year but the work was not done.

"When you have a lifetime of trauma, it takes time to heal that. Joe has taken many steps in a year but his journey is not over."

Macfarlane said Herbert's sentencing was proof that judges and the prosecution could shift their views.

"This is the fourth one of our men who have gone from a custodial sentence to home detention.

"The justice system is starting to acknowledge what we are doing and is supportive of that. Judges don't want to send people to jail and if they can see a person making the changes Joe has made, they want to support the continuation of that.

"In the two and a half years Pūwhakamua has been running, we've had 21 men come through our programme and only one of those men has gone back to prison.

"Those figures are powerful and for men like Joe, it shows that there is a new way forward, a new life and support through their Pūwhakamua whānau."