Sao Yean, also known as Sao Young, was murdered in March 2020, and his body found on a property in Gordonton a month later. Photo / Supplied
Three people have been jailed for at least 18 years for the callous and cruel killing of a Hamilton man, who was beaten to death then dumped in a rural water trough.
The fourth accused, Anton Rite, was found by Justice Timothy Brewer today to have played a lesser role, dismissing submissions by his co-accused, Mihingarangi Tynneal Rameka, Daniel Payne, 35, Neha Wiremu Grey, 40, that he was the one who killed Sao Yean during the early hours of March 13, 2020.
The four were all found guilty by a jury after a five-week trial in the High Court at Hamilton earlier this year of murdering Yean, also known as Sao Young, along with other violence charges for two other men who were assaulted beforehand.
Yean’s decomposing and broken body was found in a water trough of a Gordonton property, exactly a month after Rite and Grey dumped it there.
In jailing all four to life imprisonment, Justice Brewer said he did not believe Rameka, Payne and Grey’s version of events, adding that the level of callousness and cruelty involved in Yean’s death, elevated the seriousness of the murder.
“None of you [three] have shown empathy or remorse for Mr Yean. You largely deny culpability and you all have criminal records which are relevant to a greater or lesser extent.”
Rameka, 28, was jailed for life with a minimum non-parole period of 18 and a half years, Payne and Grey 18 years, and Rite, 11 years.
As the sentences were being handed down, Payne took exception to his term by loudly muttering, and swearing as he was led out of the dock, while Grey continually shook his head, with the pair appearing shocked at how long they would now spend behind bars.
Justice Brewer found Rameka was the one who arranged for Yean to be brought to the property, Payne - a patched Black Power gang member - was “dominant” in the murder, Grey played a “full part”, while Rite had a central role in disposing of Yean’s body.
Due to the severe state of Yean’s decomposing body, forensic tests were unable to identify exactly how he died or the number of injuries suffered, however, an autopsy discovered multiple fractures in his skull and his shoulder.
He was also found to have swallowed blood which indicated he was alive during his beating.
Justice Brewer found it was likely he died a long and painful death.
He found that while there was no pre-meditation of the murder, their plan was formed during the course of the beating.
Yean’s family said in a statement Yean was a “father, son, brother and friend” who is “sadly missed”.
They felt he had now been “vindicated” by the outcome of the trial and its coverage.
“The sentencing has brought a close to what has been a long and difficult time for us as a family.
“We can now start to heal and move forward.”
The family thanked everyone involved in bringing those responsible to justice.
Justice Brewer read an excerpt from one of the four victim impact statements, outlining Yean’s life, to ensure he was “not lost sight of in this sentencing”.
Yean was born during the Cambodian genocide in the middle of the jungle on the border between Cambodia and Thailand.
“Our mother travelled on foot for days on end while she was pregnant with Sao to escape the Khmer Rouge’s genocide.
“She did everything in he power to survive the war-torn country for them both.”
Yean was born at a time of hunger, loss, and displacement.
He was “fiercely protective” of all of his children, siblings, and family and a “loving, caring person with a huge heart and a caring soul”.
“He was generous with everyone of what little possessions he had.”
Justice Brewer then pointedly told the four - “that is the man you murdered and his family grieves him deeply”.
Acting Detective Inspector Andrew Saunders, Waikato Field Crime Manager, said no sentence handed down could give Sao back to their family.
“We recognise them today for their dedication to seeing justice done for their loved one.
“I would also like to acknowledge the dedication and professionalism of the investigators and trial team that did an outstanding job in getting justice for Sao and his family.”
The beating arose after the overdose death of Black Power member Christopher Matatahi on New Year’s Eve 2019/2020.
Rameka supplied the contaminated drugs which led to his death, and was worried that she might be blamed.
Payne wanted to find out what happened and to get revenge if he could, while Grey was Payne’s “right-hand man” and would do anything he was told to do.
Payne and Rameka met and he accepted her explanation. She also had access to “a considerable” amount of methamphetamine and made it freely available to Payne who was “very happy to take it”, Justice Brewer said.
“Ms Rameka I think you did that partly to keep on Mr Payne’s good side and partly for the protection that he and Mr Grey offered.”
Two people were seriously assaulted before Yean was brought to Rameka’s Byron Rd home during the early hours of March 13, 2020.
There he was subjected to a beating so loud that his attackers asked for a speaker be brought into the garage, so that it could drown out his screams.
By 6.15am he was dead.
Grey and Rite then drove his body out to a Gordonton property and dumped it in the water trough.
“The evidence shows that Mr Yean ingested his own blood shows that he did not die immediately.
“It is likely he suffered a great deal of pain especially since the blows inflicted were delivered with sufficient force to fracture his bones.”
Regardless of that, Justice Brewer said it was “undoubtedly cruel to detain Mr Yean for such a long period of time. To be kept captive and awaiting serious violence would have been a terrifying experience.”
The jury found Rameka guilty of two charges of kidnapping, two of wounding with intent to cause grievous bodily harm, one of injuring with intent to cause GBH and one of murder.
Payne and Grey were both found guilty of five charges each: three of kidnapping, one of wounding with intent to cause GBH, and one of murder.
Rite was found guilty on one charge of murder.
Rameka’s counsel Rob Weir pushed for an end sentence of around 14 to 15 years, adding Yean’s death did not have the sufficient callous or cruel factors required to invoke Section 104 of the Sentencing Act, which sees a minimum starting point of 17 years prison.
No one knew “exactly what happened in the shed, there’s no way around that”.
Rameka was indoctrinated into gang life at an early age and she felt like she had no choice but to be involved in this offending because of that culture, he said.
Payne’s counsel Scott McColgan said there were “a number of unknowns” and because of that, his client should not receive a lengthy term.
“There’s nobody that’s put a weapon in his hand or put him actively striking Mr Yean,” he said asking for a jail term of around 11 years.
Jessica Tarrant, on behalf of Grey, agreed there was no clear evidence of what happened, and there “wasn’t a clear intention to kill the victim”.
Her client had no criminal history in New Zealand and she pushed for a jail term between 13 and 15 years.
Adam Holland, Rite’s counsel, said his client should receive a lower jail term as he had no role in the plan to exact revenge or assault Yean.
Rite was at Rameka’s house “quite randomly” that night, and left for a short period at one point.
However, unlike his co-offenders, Rite was remorseful for what happened.
Holland “absolutely acknowledged” the victims’ statements and his client wanted them to know the impact his death had on them.
“He is genuinely remorseful for that.
“He understands the way that Mr Yean’s body was disposed of created significant distress to the family and he doesn’t shy away from that.”
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for eight years and been a journalist for 19.