Waikeria prison riot: Trio guilty of most charges after lengthy Hamilton trial

Three men charged after one of the biggest riots in a New Zealand prison have been found guilty of most of the 21 charges they each faced.

Siaumau Lote Telea, Taimana Soames, and a 25-year-old Auckland man with interim name suppression, have been on trial at the High Court in Hamilton for 11 weeks.

Lote Telea was cleared of six charges, Soames five charges, and the Auckland man, two charges.

Justice Christine Gordon sent the 11-person jury out at 10.55am on Tuesday and they returned today around 12.30pm.

The accused faced charges of causing riotous damage, arson, assault with a weapon and aggravated burglary during the riot at Waikeria prison between December 29, 2020, and January 3, 2021.

Although 11 men initially defended their case in February, seven of them pleaded guilty at various points throughout the trial.

Six men admitted their part in the riot before the trial started, two of whom were jailed last week.

Peter Te Hau, Te Reneti Tarau, Hone Ronaki, Beau-James Paul, Christopher Ranapia, Ian Larkins and Leon Huritu have pleaded guilty and will be sentenced at a later date.

This afternoon, all three were cleared of one arson charge relating to lighting mattresses on December 29, and to setting traps by making fortifications to block emergency services from getting into the building on January 2.

The riot began after prisoners refused to hand over disposable razors to Corrections staff.

Lote Telea and Soames were cleared of further charges relating to riotous damage in yard 116, burglary of a cell to release a prisoner, and assaulting various people with weapons on the first two days. Lote Telea was found not guilty of a further arson charge from the first day in yard 116.

The pair were convicted on all their other charges and remanded to reappear later this month.

‘Not a lawful reason to riot’

The court earlier heard how Corrections officers at Waikeria Prison faced flame-dripped roofing and smashed glass that rained down on them as they battled to free prisoners trapped in their cells during the five-day riot.

Seventeen disgruntled prisoners scrambled onto the roof of the high-security wing after smashing down doors and doing everything they could to prevent prison staff from helping other prisoners still in their cells, as an argument in an exercise yard escalated to the point that resulted in most of the unit being burned to the ground.

Justice Gordon methodically took the jury through each of the 63 charges over a day and a half in her summing up.

She highlighted one witness’ evidence around prison conditions - but said that was not a lawful reason to riot.

“Any concerns about the circumstances of the defendants’ remand in custody, whether legitimate or not, do not give a defence of the charges.

“That is irrelevant when deciding the charges.”

Crown prosecutor Jacinda Hamilton had earlier told the jury that the trio acted spontaneously, together with others, and had a shared agreement to act in a “deliberate, destructive and violent way” while in yard 116, where the riot kicked off.

Hamilton explained to the jury 21 prisoners were in exercise yard 116 on the morning of December 29.

After just half an hour, a Corrections officer spied a prisoner using a razor blade in the shower.

Staff went to investigate and asked the prisoner to hand it over.

However, the prisoners became uncooperative and more staff were called.

Hamilton said nine of the 21 prisoners became an “angry mob carrying out a violent rebellion”.

A Corrections staffer told the court he heard them say “Burn it up, burn it up”.

Property was damaged and turned into weapons, while wet toilet paper was thrown - allegedly by the man with name suppression - at CCTV cameras, and fires were lit.

He, together with ring leader Matangairau Cuff - who is awaiting sentencing - was seen by a prison guard standing on a toilet and smashing through the roof with a piece of wood. Cuff would be the first to get onto the roof.

In the meantime, a Code Blue emergency was raised to a Code Red as prisoners - allegedly Soames - stood in front of the hoses staff were using to try and douse the fires. Cups of urine were also being thrown at prison guards.

The prison complex went into a lockdown as more of the group broke through onto the roof, and more fires were lit.

Twelve other prisoners, including Mongols gang members, were freed from their cells and would stay on the roof for five days.

‘Not part of the plan’

But Kerry Burroughs, counsel for Lote Telea, said while others in the group may have had a plan, his client wasn’t part of it and he never lit any fires.

He said Lote Telea was “compelled” to go up and onto the roof because the protesters “needed the numbers”.

Those in the yard showed they could be violent so it wasn’t a safe place to be, Burroughs said, and Lote Telea had to make a decision about what to do to stay out of the way.

Members of the Mongols gang took control once everyone got on the roof, he said.

Ish Jayanandan, for the Auckland man, urged the jury to be sure they had enough evidence to convict her client.

As for him yelling the words, “burn it up, burn it up”, she suggested to the Corrections officer who claimed to have heard it, that he instead said “bring it up”, stating they sounded similar. She said he could have been mistaken given how noisy it was.

She did make a concession about causing damage in the yard but said once the men were on the roof, her client had to resort to “survival” mode as the others were much bigger and stronger and he had to be sure of his own safety.

The aftermath of the damage to Waikeria Prison in early January 2021. Photo / Brett Phibbs

He was seen talking and being happy with others on the roof but it didn’t mean he was part of the plan to burn the prison down.

As for the fires, she said it could have been a number of people who lit them, as it only took a few minutes for them all to get up onto the roof.

Soames’ counsel, Shane Cassidy, suggested the events in yard 116 began because prisoners felt there was a use of “collective control” being used as a form of punishment after the razors were spotted.

He said any alleged threats made were more a protest as he didn’t want to miss out on yard time and be forced back to his cell.

Corrections initially named four main protagonists and Soames wasn’t one of them. Guards were “mistaken” about his behaviour in the yard, Cassidy said.

There was also no direct evidence that Soames had damaged any property or was involved in lighting the fires in the yard.

There were also no plans to leave the yard, let alone get onto the roof, cause havoc and ultimately burn the prison to the ground.

Each prisoner had their own agenda and did what they wanted to do.

If anything, Soames was guilty of poor decision-making and getting swept up in the anger and criminal conduct of others, he said. .