Teenager set scene for restorative justice

Daniel Senelale

A Timaru teenager sentenced to 2 1/2 years in jail for manslaughter after apologising to his victim's family may have set a precedent under plans for expanded restorative justice processes unveiled yesterday.

Timaru Boys' High School prefect Daniel Senelale, who was 17 at the time, killed father of three Mark Smith with a single punch after Mr Smith made allegedly racist remarks to two Samoan doormen at a nightclub.

At a restorative justice meeting the day before his sentencing, Senelale crossed the room and threw his arms around Mr Smith's mother, who was crying. Sobbing too, he apologised and asked her to forgive him. She did.

He also promised Mr Smith's family that he would deal with his anger and his drinking, which had contributed to his actions.

His apology, remorse and promises to "restore" the Smith family's loss by changing his behaviour were all taken into account when Justice John Fogarty sentenced him the next day.

Though some said the sentence was too short, Mr Smith's mother said she was "quite happy" with it.

Timaru is one of three places, the other two being Rotorua and Hoani Waititi Marae in West Auckland, which have been trying restorative justice since 1996.

Courts in Auckland, Waitakere, Hamilton and Dunedin have also used it for more serious cases since 2000.

In its justice package yesterday, the Government extended the system nationally for both minor and serious offences over the next three years.

It will also run a pilot project involving 100 restorative justice conferences for prisoners nearing release in two prisons over three years, and will spend $6 million on developing national guidelines for all restorative processes.

The co-ordinator of Timaru's "Project Turnaround" which organised the meeting between the Senelale and Smith families, Linda Gaskin, said the system would not work in all cases.

"Here was a special set of circumstances where we had an offender who was clearly admitting guilt, no ifs, no buts, no maybes, and a victim's family that was open to meeting him," she said.

"Not every victim's family could do that, and not every offender would be truly remorseful, so I don't see this being used in every circumstance.

"From experience, we know the benefits that restorative justice can bring for all concerned. But it's not always easy to convince victims that this is a good way to go."