Young killer to appeal against conviction

By TONY WALL

New Zealand's youngest convicted killer will appeal against his conviction for manslaughter.

His lawyer, Frank Hogan, argues that evidence given against Bailey Junior Kurariki prejudiced the jury in the Michael Choy case.

Kurariki, who was 12 when he took part in the killing of Mr Choy, a pizza delivery worker, was found guilty on Saturday after a five-week trial in the High Court at Auckland.

The 13-year-old is being held at the Kingslea residential centre in Christchurch.

Mr Hogan said he would lodge an appeal after Kurariki was sentenced on September 13, the day after the first anniversary of Mr Choy's death.

One aspect of the appeal would centre on the trial judge's decision to allow the evidence of two "expert" witnesses, he said.

One, Kurariki's former principal John Sloane testified that all children aged 12 knew it was wrong or against the law to hit someone with a weapon or help someone else hit a person for the purpose of stealing.

Mr Hogan accused Mr Sloane under cross-examination of having pre-determined views on the subject and of being a crusader in the area of youth offending.

He produced a widely distributed letter Mr Sloane had written before the trial in which he said: "The criminal act carried out recently was the work of young people from 12 to under 18 years of age.

"It is a sickening indictment ... on society today that young, and in this case very young, people hatched a heinous plot to rob and subsequently take the life of an innocent person."

Mr Hogan was also critical of the brief of evidence given by Senior Constable Leonard Johnson of Papakura, who spoke about Kurariki's "offending in the community" and his "out-of-control behaviour".

Mr Hogan said that evidence could have prejudiced the jury against the boy.

The lawyer for Alexander Tokorua Peihopa, who was found guilty of murdering Mr Choy, plans to ask for a sentence of less than life for his client.

The Sentencing Act 2002 allows judges to impose sentences of less than the previously mandatory life in murder cases.

Alternatively, said the lawyer, Ron Mansfield, he would seek a minimum non-parole period of less than 10 years.

He said he accepted a jail term was required to reflect the seriousness of the offending.

"However we take the same approach as the Commissioner for Children - that these young people are at a low risk of reoffending, but a long period of imprisonment or in custody will lead to them being institutionalised and likely to reoffend on release."