Haka Tutaki, 19, escaped with a discharge without conviction after doing burnouts on a graveyard at Cambridge in August.
Haka Tutaki, 19, escaped with a discharge without conviction after doing burnouts on a graveyard at Cambridge in August.
Two young men were drunk when they drove over freshly dug grave plots, causing thousands of dollars worth of damage.
Monty Smith, 24, and his workmate, Haka Tutaki, 19, appeared before Judge Robert Spear in the Hamilton District Court today on charges of sustained loss of traction and intentional damage.
Smith, who now has three convictions for sustained loss of traction, was given a final warning, while Tutaki, who hasn’t been in court before, successfully sought a discharge without conviction, meaning he’ll keep his clean criminal record.
The pair, along with a third man who is defending the charges, had earlier on the day of August 1 attended the funeral of a friend, Samuel Campbell.
After drinking that afternoon, the trio decided to go back to the Hautapu Cemetery that night and do burnouts around his grave.
In doing so, they also severely damaged other burial plots, causing $3000 worth of damage.
Judge Spear told Smith he couldn’t understand what would make him behave in such a way.
“To explain why a young person behaves in such a way is almost to defy the reality of what could possibly have caused anyone to cause damage to a graveyard.
“In other ways you’re getting on well in life and yet here you are, desecrating a cemetery, of all places.
“It’s offending that really defies any form of understanding.”
The judge told Smith, who also has two previous convictions for drink driving in 2017 and 2018, said it appeared as though he treated a motor vehicle as “a plaything” and that he was one of the ringleaders of the desecration.
The damage caused to the Hautapu Cemetery near Cambridge on August 2. Photo / Waipa District Council
Smith’s counsel, Garth O’Brien, said Campbell’s mother was in court to support the pair, and that he had regretted his behaviour.
O’Brien said Smith’s employer, Kingsclere Stables, had written a reference of support.
He added that if Smith lost his licence, he’d suggested the 24-year-old bike to work, which was a suggestion Judge Spear agreed with.
He sentenced him to three months’ community detention with an 8pm-3am curfew, 12 months’ supervision, nine-month disqualification and to pay $1000 reparation.
As for Tutaki, his lawyer Carolina Kunac, said the consequences of a conviction for her client would effectively ruin his future in the racing industry in which he hoped to one day become a trainer.
Tutaki was remorseful and had voluntarily done 30 hours’ work at the Cambridge Kohanga Reo.
He was currently living with family and saving up money to buy a house, she said.
“So what I have before me is a young man who has made some silly mistakes, some silly errors of judgment and the issue is whether your record should be blighted with convictions for these offences.”
A representative for Tutaki’s employer also wrote a letter of support, stating he was a good worker, as did family.
Combined with a promising future, Judge Spear agreed to “take a bit of a chance” on him.
While Tutaki was discharged, he was ordered to pay the reparation and was disqualified from driving for three months.
The damage to the Hautapu Cemetery. Photo / Waipa District Council
Meanwhile, outside court, Samuel Campbell mother, Wendy, said she was happy to support the pair despite their “stupid, stupid” actions.
“I totally disagree with what they did and it hurt a lot of people ... people in the community were turning up to see if their graves were damaged.
“So that was heartbreaking for us to see, but I’ve come here to support these two because it was a stupid, stupid thing they did but they didn’t do it with any ill intent, just stupidity.
“They feel remorseful and they’ve tried to own up to what they did and admit what they did was wrong.”
She said she was “shocked and devastated” that the damage was caused by friends of her son and expressed “deep sorrow” to the families affected.
A third accused, who has pleaded not guilty to his charges, is set to reappear in court next week.
The two Cambridge men who destroyed the graveyard with their burnouts had earlier that day attended the funeral of their friend Samuel Campbell, pictured. Photo / Supplied
