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Home / New Zealand

Murder trio appeal convictions for killing Christchurch man Pierclaudio Raviola

Melissa Nightingale
By Melissa Nightingale
Senior Reporter, NZ Herald - Wellington·NZ Herald·
2 May, 2022 11:18 PM5 mins to read

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Pierclaudio Raviola was left for dead in a Sumner car park, and died in hospital two days later. Photo / Supplied

Pierclaudio Raviola was left for dead in a Sumner car park, and died in hospital two days later. Photo / Supplied

A man and two women jailed for murdering a 65-year-old man who was left for dead in a Christchurch car park are appealing their convictions.

Cyle Robert Jetson, Debra Jean Tihema and her daughter Mylesha Port Tihema were found guilty of murdering Pierclaudio Raviola following the brutal attack in March 2017.

Raviola, a bus driver and chef, was attacked when he showed up at a Bromley house on the night of March 23.

He was bundled, unconscious, into the boot of a car and dumped at the Sumner Surf Lifesaving Club with serious head injuries.

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A teenage co-offender, Moses Eli Hurrell, then used Raviola's keys to burgle his Phillipstown home.

Raviola was found the next morning. He was rushed to hospital in critical condition with a fractured skill and swollen brain but died two days later.

Jetson, Debra Tihema and Mylesha Tihema received sentences of life imprisonment with non parole periods of 11, 17 and 10 years respectively.

At a Court of Appeal hearing in Wellington this morning, Mylesha Tihema's lawyer, Nicholas Chisnall, said his client, who was 15 at the time of the offending and 18 at the time of the trial, was "effectively a bystander to the trial" due to her mental disabilities.

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It was commonly known that she was mentally impaired, and he argued the trial judge did not go far enough to ensure she was receiving a fair trial.

Chisnall asked the appeal court to retrospectively assess whether his client was fit to stand trial at the time.

Tihema has Foetal Alcohol Spectrum Disorder, complex PTSD, and Disruptive Mood Dysregulation Disorder.

He noted Tihema was absent at multiple points of the trial, including when the defence case opened.

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He also said there was an issue with trial counsel failing to follow Tihema's instruction, which caused a miscarriage of justice.

"It cannot be right that trial counsel gets to decide whether it's in the best interests of the defendant to give evidence," he said.

Crown lawyer Dale La Hood said Tihema was supported during the trial, and that difficulties with her participation did eventuate, but were "always expected" and prepared for.

"What is required to recognise her right to defend the charge is adequate participation," he said.

He said there was sufficient instruction to run a strong defence.

"It was never a realistic option for Ms Tihema to give evidence."

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Jetson's lawyer, James Carruthers, said police were "unnecessarily persistent in attempts to wear Mr Jetson down in order to extract a confession".

He referred to officers making it clear they thought Jetson was lying and unfavourably comparing his account to that of his co-offenders, as well as telling him the co-offenders had blamed him for the crime.

"The admissions came after a couple of hours and only made after these transgressions."

Crown lawyer Deirdre Elsmore said the Crown had always been frank about conceding that the interview style was "not ideal".

"Neither of the officers' interviewing style was ideal and the combination was particularly unattractive, but that doesn't mean that the evidence was improperly obtained," she said.

The matter was also argued in the High Court before the trial judge, and the decision was not appealed at the time.

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Debra Tihema's lawyer, Nick Rout, said the defence should have been able to call evidence showing Mylesha Tihema had a propensity for violence.

He said the forensic evidence showed the senior Tihema's blows with the shotgun stock would not have been enough to kill Raviola.

La Hood said propensity evidence would have worked against Debra Tihema on the party to murder angle, as it would have indicated she knew her daughter was a "liability".

The court has reserved its decision.

The offending

Raviola met the Tihemas at a motel and struck up a relationship with Debra Tihema with a desire for adult company and physical affection, Justice Rachel Dunningham said in her sentencing notes.

"It is clear these feelings were not reciprocated by you. However, you quickly came to view
Mr Raviola as a source of benefits, such as money and food, and even a cell phone. You took advantage of his loneliness and good nature and you offered him physical affection in return for those benefits."

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Tihema told others over text she was using Raviola for all she could get, and that she would eventually "bleed him dry".

When a gang-affiliated family member started pressuring Tihema to pay a debt, she hatched a plan to take Raviola's car from him using standover tactics.

She lured him into her home and bedroom then had her nephew, daughter and daughter's boyfriend join in assaulting Raviola.

The violent attack included Tihema hitting Raviola over the head repeatedly with a shotgun stock.

"It is clear from the forensic evidence that most of the blows were administered while Mr Raviola was lying on the floor unable to respond," Justice Dunningham said.

The group taped Raviola's hands together and carried him, unconscious, to the car. Hurrell and Jetson took the victim to the car park while the Tihemas stayed behind to start cleaning the scene.

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The post-mortem determined Raviola's death was caused by the multiple blows to his head.

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