Three men, Apaina Browne (left), Heamasi Tu‘uta (centre) and a third, whose name is suppressed, were sentenced in the North Shore District Court this week for burglary.
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The bungled attempt of a masked, drug-addicted trio to rob a toy store turned into a dangerous chase, reaching speeds of up to 180km/h.
Around 3am on April 14, Heamasi Finau Tu’uta, 28, Irus Elder Junior Apaina Browne, 29, and a third man, who cannot be named, approached the Browns Bay business wearing hoodies, face coverings and gloves.
Armed with two crowbars, bolt cutters, a pipe wrench and a sledgehammer, Tu’uta and Apaina Browne attempted to break into Berrymans Toys & Lotto on Clyde St, while the third man acted as lookout.
They cut the padlock off the back door and, using the sledgehammer and crowbar, unsuccessfully tried to pry it open.
They then moved a couple of doors down to try their luck at the Lotus Foreign Exchange shop.
While Apaina Browne tried to pry open the second door, Tu’uta smashed a hole in a glass panel and jumped through.
Once inside, he continued kicking the door while his accomplice was still trying to wedge it open from the outside.
The security alarm eventually sounded and Tu’uta climbed back out the broken window, cutting his leg.
The three escaped in a Honda owned by the third man and were spotted by police travelling southbound on State Highway 1.
A patrol car signalled for them to pull over, and the driver slowed for a few seconds before speeding away.
For around 20 minutes, he drove at dangerous speeds, reaching up to 180km/h, police said.
He ran multiple red lights and sped through many residential areas of Counties Manukau, passing pedestrians on their way to work.
They came to a stop on Othello Drive, Clover Park, 40km from their break-in, when their tyres were spiked.
The men briefly tried to escape on foot through nearby homes before they were caught and arrested.
In the North Shore District Court this week, Judge Paul Murray told the men they had narrowly avoided prison time because of rehabilitative steps they took in addressing their addictions and other issues.
“You have all, through your own efforts, avoided terms of imprisonment,” he said.
In an emotional testimony, a long-time family friend of Tu’uta’s told the judge he trusted and aimed to support his mate.
He said there was a “whole crew of boys” from where they grew up, some of whom went down the wrong path.
“I want him to come away from the Southside and where we come from,” he said.
Tu’uta’s lawyer, Wayne Dollimore, said it was unfortunate that his client was out on bail for methamphetamine charges during the April offending.
The man had earlier been pulled over by police in Te Awamutu in March for driving while disqualified.
A search of the car revealed meth, cannabis, “point” bags and a roll of tinfoil.
“It was clear you were involved in drug dealing,” Judge Murray said.
Dollimore said Tu’uta was in New Zealand as he had been “sent back” from Australia.
Since April, Tu’uta completed drug and alcohol counselling and a family violence programme.
The lawyer for Apaina Browne, Storm Robertson, said after the offending, her client had undergone “extensive rehab” including a six-week counselling programme.
He had been very self-reflective and aware of the patterns that led to the offending, she said.
“He is at a critical intervention point.”
Trunelle Massyn, for the third man, said the defendant had also done a course to address his addiction.
She asked for permanent name suppression for her client, which, given it was raised on the day, the judge said could be argued in August.
She also requested the mandatory disqualification for the man, because of his reckless driving, not apply, as he had a job opportunity as a truck driver.
The judge denied that request.
The man had also told the pre-sentence report writer that he was under the influence of cannabis on the night of the offending, came across the other men by chance and that the tools they held were for work purposes.
Judge Murray said these comments had given him “pause”, but letters from supportive family members had helped his case.
For wilful damage and burglary of the second business, Apaina Browne was sentenced to five months’ community detention and 12 months’ intensive supervision.
For the same charges, plus his earlier drug offending, Tu’uta received 11 months’ home detention.
For the break-in and reckless driving the third man was sentenced to four months’ community detention, 12 months’ intensive supervision and six months’ disqualification.
“[This is an] escape route,” the judge said. “It won’t happen again. This is it. Use it.”
Ella Scott-Fleming has been a journalist for three years and previously worked at the Otago Daily Times, Gore Ensign and Metro Magazine. She has an interest in court and general reporting. She’s currently based in Auckland covering justice-related stories.