Mama Hooch case: Judge dismisses majority of rapist brothers’ appeal

The majority of an appeal by the brothers at the centre of Christchurch’s Mama Hooch bar drink spiking and sexual assault case has been dismissed.

While three charges against one of the men have been quashed, his 17-year sentence remains in place.

The rest of the appeal was unsuccessful.

Rapist brothers Danny (centre) and Roberto (right) Jaz at the bar Mama Hooch where they drink spiked and sexually assaulted women. Photo / Facebook

Danny and Roberto Jaz were convicted of 69 charges between them, including rape, sexual violation, indecent assault, stupefying, disabling, making intimate recordings of women without their knowledge or consent and supplying illicit drugs.

The offending took place at Mama Hooch and nearby Venuti - a bar and restaurant owned and run by the Jaz family in central Christchurch.

After a judge-alone trial in the Christchurch District Court spanning more than three months, Danny Jaz was sentenced to 16-and-a-half years in prison for drugging and or violating 19 women.

Roberto Jaz was sentenced to 17 years behind bars for offending against eight women.

Both men were ordered to serve a minimum of half of their sentences before they are eligible for parole.

They filed an appeal, which was heard in the High Court at Christchurch in July last year.

Justice Cameron Mander reserved his decision until today.

Lawyers for the Australian-born brothers accused the trial judge of bias and procedural unfairness, claiming the brothers were denied a fair trial.

Ron Mansfield argued that the judge failed to remain neutral, favouring the Crown’s case over the men’s right to present a defence.

The lawyers claimed the judge “ran roughshod” over and “shut down” defence evidence, resulting in a substantial miscarriage of justice.

The Crown argued against the appeal, saying that while the trial, which spanned three months, was not perfect, the outcome was solid and right.

After considering all of the information before him Justice Mander dismissed the appeals against convictions and sentence for Danny Jaz.

He allowed appeals for Roberto Jaz against three convictions of making a visual intimate recording.

Justice Mander’s quashing of the convictions did not make any difference to the rapist’s end sentence.

“When viewed overall, I do not consider the final 17-year sentence is required to be adjusted. The quashing of three convictions for those charges does not materially affect the appellant’s overall criminal culpability or have any discernible impact upon the appropriateness of the ultimate effective sentence imposed,” he ruled.

“His convictions on those charges are quashed. No order is made for a retrial on those charges.”

In the District Court, Judge Paul Mabey described the Jaz brothers as “arrogant” and “entitled”.

“The level of your offending is unknown in this country ... you helped yourself to young women with callous disregard for their rights and their dignity,” he said at sentencing.

“You should both be of no doubt that you’ve severely damaged all of your victims by your predatory and heartless offending, driven by arrogance, misguided self-belief, and a complete lack of respect for the rights of those you’ve offended against.

Judge Paul Mabey KC. Photo / File

“Neither of you showed any remorse … you are sexual predators. Perhaps misogynistic attitudes and the patriarchal approach to life within your family may have engendered an unhealthy attitude to women.

“You make conscious decisions to exploit and abuse your victims … You were men in your 30s … what occurred was a continuous course of conduct over a period of three-and-a-half years.”

Both pleaded guilty to several offences at the start of their trial. They have not disputed those convictions.

Anna Leask is a senior journalist who covers national crime and justice. She joined the Herald in 2008 and has worked as a journalist for 20 years with a particular focus on family and gender-based violence, child abuse, sexual violence, homicides, mental health and youth crime. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on nzherald.co.nz