Why judge freed boxer for Games

Judge Michael Behrens

A boxer facing serious charges was granted bail to compete at the Commonwealth Games because a judge did not want to cast him "into some sort of pit" from which he might not escape.

Sitaleki Maka appeared in the Auckland District Court on Tuesday after his alleged involvement in a serious assault that put two teenagers in hospital.

The assault happened in January while the 20-year-old lightweight, who has been selected to represent Tonga in boxing at the Games, was on bail for an aggravated robbery.

Police strongly opposed Maka's bail, saying during a four-hour hearing that he had breached several of his aggravated robbery bail conditions by being out on the night of the assault.

He was also considered a flight risk and there were fears he would reoffend.

In making his decision, Judge Michael Behrens said Maka's desire to take part in the Games weighed heavily on him.

"It seems to me that were I to deny you bail now then I would really cast you into some sort of a pit from which a person who has possibly alcohol problems and problems with violence may never climb."

Before granting bail the judge added: "I'm very conscious of the fact that you apparently are handy with your fists and to release you on bail in order to prove that, as it were, in the sporting arena while you are facing what are very serious charges ... provides a real problem."

The decision yesterday led to widespread anger from the public, Maka's alleged victims and their families.

"I only just found out that he was a Commonwealth Games boxer," said one of the teenagers injured in the assault. "I thought sweet as, he won't be going there - that's punishment enough. When I found out he was going, I thought it was bullshit."

The 18-year-old, who was hit around the head with a bottle and kicked while he was on the ground, fears Maka might not return to New Zealand to face the charges.

He did not want his name used but his father, Rob Halliday, is furious the police request for custody was ignored.

Mr Halliday said competing at the Games was an honour, not something that someone facing serious charges should be allowed to do - no matter how much training had been done.

He questioned what a person had to do before they were locked up.

"We are just totally frustrated. Something has got to be done [about the way bail is handed out]."

Maka refused to talk to the Herald but told TV3 last night: "Sorry, I didn't do it, and I'm a bit scared."

Maka's trainer, Lolo Heimuli, said going to the Games did not mean his boxer was avoiding the charges.

"He's not out of the woods. Once we come back he will go to court."

Boxing team manager Paea Wolfgramm, who won a silver medal for Tonga at the 1996 Olympic Games, said he learned only this week that Maka was facing charges - but the news would not affect his place on the team.

A Games spokeswoman said the only requirements for participants was that they got clearance from immigration authorities. Maka had been cleared and so was accredited for the Games.

Mr Wolfgramm said he could understand the public's angry reaction but the judge had made his decision.

National Party law and order spokesman Simon Power said participating in the Games should not have made a difference at the bail hearing.

Labour Courts Minister Rick Barker was not available for comment yesterday but a spokesman said judges' decisions were not commented on. He said the justice sector was being reviewed. The issue of bail was part of that but he could not comment further.

New Zealand boxer Soulan Pownceby was cleared last month to compete in the Games despite having served four years' jail for the manslaughter of his baby daughter.

Australian Prime Minister John Howard said he did not think it was appropriate for Pownceby to compete.