ASHBURTON GUARDIAN, Tuesday, May 7, 2013
NEWS
Not guilty plea to murder By Kurt Bayer Nikki Roper strangled his exgirlfriend Alexsis Tovizi to death with a sleeper hold just days after being released from prison where he was serving a sentence for choking her, a court heard yesterday. When he was leaving jail, a fellow inmate told him to take care of his missus and to not come back. “I’ll be back for the big one – I’ll kill the b****,” Roper replied, according to the Crown on the opening day of his murder trial at the High Court in Christchurch. Roper, 24, unemployed, yesterday pleaded not guilty to murdering the mother-of-one. Crown prosecutor Marcus Zintl told the jury of eight women and four men that it was a murder “fuelled by jealousy and revenge” after Ms Tovizi, 21, had started a relationship with another man. He said Roper choked his “on again, off again” partner to death with a sleeper hold at her home between December 5 and 9, 2010. He may have then stuck her head in a bucket or pot of water, before putting her to bed, Mr Zintl said. The following day, Roper took her laptop, cellphone, bank card, and put her young son in her car and drove off. He dropped the child off at his great-grandparents’ house, telling them that Ms Tovizi had “done a runner”. He then made withdrawals and purchases with her bank card, Mr Zintl said. A post-mortem examination on her body, which was found by police on December 9, concluded that she probably died of asphyxiation. Roper would later tell police, when he was arrested in February 2011, and also associates, that he had helped Ms Tovizi commit suicide, said Mr Zintl.
The defence chose not to make any opening submissions. The Crown alleges that Roper also told a fellow inmate who had just pleaded guilty to a murder that he was “dumb”, because Roper had just pleaded not guilty and “I killed my missus”. Ms Tovizi’s mother, Cheryl Tovizi, took the stand to describe her “very caring” daughter was a student social worker who wanted to try and get Roper’s life back on track. She would often get “overly emotionally invested” in people she was trying to help, Miss Tovizi said. Roper had told Ms Tovizi whose name he has tattooed on his cheek - and her mum, of a number of stories of his “difficult childhood”. He told them that Ms Tovizi was the only one who could help him change. But after he attacked her at Cowles Stadium in Christchurch when he saw her with another man and he was jailed, she described him as a “psycho”. She had taken out a protection order against him, her mother said. In emotional testimony, Miss Tovizi told how Roper had contacted her after he’d allegedly killed her daughter. On the day she was found dead, Roper texted her to say he was sorry for her loss, and his heart was “breaking into pieces”, she said. Roper also contacted her on Christmas Day 2010, asking if she had received $500 worth of presents for the orphaned child. “I told him no ... to stay away from me and my grandson,” she recalled. She told him: “You left Alexsis there on her own, and I’ll never, ever forgive you for that”. “How could someone do that? On that day?” The trial, before Justice Forrest Miller, continues today. - APNZ
www.guardianONLINE.co.nz
Govt tackles GCSB worries By Adam Bennett Prime Minister John Key has released draft legislation covering his Government’s response to the discovery last year that the Government Communications Security Bureau may have illegally spied on 88 New Zealanders since 2003. The legislation would make it clear the GCSB can provide support to the Police, the Defence Force and the Security Intelligence Service (NZSIS) by spying on New Zealanders, Mr Key said. However, “The GCSB will only be able to provide that support when those agencies are acting within their own lawful duties”. “This means the GCSB will be able to provide support under the right conditions and oversight, including in relation to New Zealanders,” said Mr Key. The proposed changes generated concerns last month that the GCSB would be able to intercept New Zealander’s communications without a warrant when it is conducting its cyber security and information assurance functions. But Mr Key said that when conducting that work, “the GCSB will require an authorisation from the responsible minister and the Commissioner of Security Warrants when its cyber security and information assurance functions are being performed in relation to the communications of New Zealanders”. Mr Key said Cabinet Secretary Rebecca Kitteridge’s recently completed review of the GCSB showed there were difficulties in the legal interpretation of the GCSB Act and that the “is not, and probably never was, fit for purpose”.
• Ban delights A Whangarei criminal lawyer is delighted the Government “bowed to public pressure” and banned a substance found in the synthetic cannabis product K2, just weeks after he called for the legal highs to be outlawed. Dave Sayes, who has been working in Northland’s courts for more than 20 years, wrote to Health Minister Tony Ryall about a month ago urging him to ban K2, and other synthetic cannabis products, saying they were just as dangerous as methamphetamine. -APNZ
• Benefits decline
Prime Minister John Key during his post-Cabinet press conference at the Beehive. “It is essential that an agency which is exercising intrusive powers has a clear legal framework to operate within. “It’s also essential the oversight regime governing such an agency is strong enough to mean the public can have confidence the agency is acting within the law.” The bill also strengthens the oversight regime for New Zealand’s intelligence agencies by modernising legislation governing the Inspector-General of Intelligence and Security to make the office more proactive. The Government also intends to increasing the resourcing of the Inspector- General’s office. The legislation is in the form of an omnibus bill - the Government Communications Security Bureau and Related Legislation Amendment Bill - which encom-
passes amendments to the Government Communications Security Bureau Act 2003, the Inspector-General of Intelligence and Security Act 1996 and the Intelligence and Security Committee Act 1996. The Government intends to introduce and debate the bill later this week, subject to the House schedule and following its first reading the bill will go to the Intelligence and Security Committee for submissions. Mr Key underlined the importance of the bureau’s cyber security work by revealing the cyber security bureau had dealt with 138 incidents so far this year, compared with 136 for all of last year. He said the Government had sufficient votes to get the bill passed its first reading. While the
Maori Party has said it is likely to oppose the legislation, NZ First says it will support to the committee stage. Mr Key said he had written to NZ First Leader Winston Peters today asking for a meeting to discuss the bill and also said he had not ruled out Mr Peters’ suggestion of a three person panel to issue and monitor any warrants the bureau operates under. Meanwhile, Communications and Information Technology Minister Amy Adams yesterday also released the final draft of legislation which updates requirements for telecommunications companies to make their networks available for surveillance purposes to the police, SIS and GCSB but also obliges them to work with the GCSB on network security issues. -APNZ
Gay priest rejection: ‘I am not equal’ Eugene Sisneros has described his hurt and humiliation after allegedly being rejected for a priest training programme because he was in a same-sex relationship. A Human Rights Tribunal hearing into the alleged discrimination opened at Auckland District Court yesterday. Mr Sisneros is taking the Anglican Bishop of Auckland to the tribunal, claiming he was barred because of his sexuality – a claim the bishop has denied, saying he was simply following the church’s doctrines. Mr Sisneros said his rejection from the programme has had long-term effects.
5
“I am deeply affected by this discrimination as a human being. I am not equal. “My feelings of humiliation and disappointment continue to this day,” he told the hearing. Mr Sisneros, a 38-year old American who holds New Zealand residency, is an events co-ordinator for St-Matthew-inthe-City. In 2006 he began a Bachelor of Theology degree and started signalling his desire to enter the Anglican Church’s training programme for priests by writing to Bishop of Auckland John Paterson, who said there was opposition to the ordination of gay clergy.
In 2009 Mr Sisneros entered a “permanent, exclusive and stable relationship” with his partner. When existing Bishop of Auckland Ross Bay took over the role in 2010 he said there was no resolution over the ordination of unmarried clergy same sex relationships, so Mr Sisneros withdrew his application, he said. Mr Sisneros was rejected “by reason of the defendant not being chaste in terms of canons of the Anglican Church”, Bishop Bay told One News yesterday. That means anyone wanting to become ordained needs to be in what the Anglican Church deems to be a chaste relationship - a marriage between a man and a
woman or committed to a life of celibacy. Mr Sisneros said he was “very disappointed” by his exclusion from the programme and felt he had wasted six years of study towards his goal of becoming a priest. He had “overwhelming” support for his progress into the programme from St-Matthew-inthe-City, where ordained priests who were public about being in same-sex relationships had given sermons, he said. Since 2008, Mr Sisneros had given sermons three or four times a year, he said. The hearing is set down for nine days. - apnz
COURT
The number of Northland residents claiming benefits has declined slightly in the past year, new figures reveal. Figures from the Social Development Ministry show about 17,580 Northland residents were claiming benefits in March, down from 18,133 a year earlier, while the number of unemployment benefits dropped from 3647 to 3503 over the 12-month period. -APNZ
• Fisherman named Police have released the name of the 59-year-old fisherman found dead in Lake Taupo on Saturday evening. He was Gordon Ian Campbell of Oruanui, near Taupo. Mr Campbell’s body was recovered from the lake bed. He had launched his boat at Kinloch earlier in the day. -APNZ
• Driver wanted Police are continuing their search for the driver of a vehicle involved in a hit and run on Sunday, April 28, which left a 7-year-old boy badly injured. The driver hit the young boy on Montgomery St in Hastings around 3pm before speeding off. -APNZ
• Dehydration factor Pilot dehydration might have been a factor in a fatal glider crash near Omarama last year, a coroner’s report has found. Darfield farmer Michael John (Joe) McKellow, 60, died of multiple severe injuries when his glider crashed on Snowy Tops, Ribbonwood Station on January 18 last year. - APNZ
www.guardianONLINE.co.nz
Meth addict off Teen pleads guilty to drink driving to rehabilitation The following people appeared in the Ashburton District Court for sentencing before Judge Joanna Maze yesterday.
A 22-year-old Ashburton man, who funded $3000 a week methamphetamine habit with the proceeds of crime, will head from jail to residential rehabilitation in a few days. Tehira Burton appeared before Judge Joanna Maze in the Ashburton District Court yesterday for sentencing on burglary and assault charges. Burton has been in custody since January. His lawyer, Michelle Barrell, said he had an unenviable record – seven convictions for burglary and four for violent offending. She said Burton’s offending had been fuelled by addiction, and he stole electronic items to pawn for drug money. A sentencing report recommended a stint in Odyssey House – a residential drug rehabilitation facility, as the best option. Ms Barrell said Burton was now clean of all drugs, and had requested the delay in sen-
tencing to complete alcohol and drug counselling and a numeracy course while in custody. Burton had attempted residential rehabilitation when he was 16 but had only lasted four days, however a report from Odyssey House indicated it was the right time for him to try again as he was ready to make changes. Judge Maze sentenced Burton to seven months’ imprisonment on each charge, to be served concurrently, but as he has already served three and a half months, he will be eligible for release next week. As a release condition he will go directly to Odyssey House, and undertake treatment and counselling as directed. “I accept you have proven you are ready to make use of this opportunity,” Judge Maze told him, before remitting fines worth $2422 – but she reminded Burton his outstanding reparations remain.
Driving matters Thomas Patrick Mansfield Maunsell, 18, of Allenton, pleaded guilty to driving with an excess breath alcohol level of 312 micrograms of alcohol per litre of breath (EBA 312mg/l). He was convicted and fined $200 and disqualified from driving for three months. Leroy Joe Maxwell, 20, a labourer of Methven, pleaded guilty and was convicted of two counts of driving while suspended. He was sentenced to 50 hours of community work on each charge – to be served con-
currently, and warned to talk to collections about his outstanding fines.
John Ross MacPherson, 22, of Allenton, pleaded guilty to drink driving (EBA 673mg/l) and speeding. He was convicted and fined $750, ordered to pay court costs of $130 and disqualified from driving for nine months. As it was his second drink driving offence, he was ordered to obtain a zero alcohol licence at the completion of his disqualification, and keep it for three years. Kahu Tayna Kerr, of Methven, was convicted of driving while suspended – he was fined $500. The court was told Kerr lived in a rural area and drove to Ashburton to attend to a
Community work for trespass charge Nicole Jane Tait, 24, of Ashburton, was convicted and sentenced to 40 hours’ community work on a charge of trespass. Benjamin Josiah Leonard, a farm worker, of Ashburton, was convicted and ordered to come up again if called within six months on a charge of domestic assault. Mathew James Richards, 34, of Tinwald pleaded guilty to unlawfully possessing a firearm. The court was told court bailiffs uncovered the sawn-off 22 rifle during an asset survey at Richards’ residence. It was in a plastic toy gun casing, and although it was not in working order, police alleged it could have been fixed. Richards’ lawyer Bevan Coombes said his client had obtained the firearm with
the intention of displaying it and because it did not work, he thought he didn’t need a licence. He was fined $350 and an order made for the destruction of the gun. Steven Allan Shaw, 49, a labourer of Ashburton, pleaded guilty to a parole breach – he was convicted and ordered to come up if called by the court within three months. Casey Joan Kerr, 21, of Ashburton failed to make good outstanding community work hours following a court appearance last month. She also lied to her lawyer, saying she had attended community work “every time” since her last appearance. However, she was caught out when her story didn’t match pro-
bation service records – which indicated she had only turned up three times. Judge Maze added another 40 hours to the original sentence, and warned Kerr if she turned up in court on community work breach charges again she could expect a term of imprisonment.
payments. He was sentenced to 100 hours of community work, in return for the remittance of $9610 of fines. If he completes the sentence without a breach the remaining amount of fines will also be remitted – however, he still has to make good the $19,936 worth of reparations.
Anton William Wallis, 23, of Tinwald, pleaded guilty to breaching the terms of a community work sentence. He was dealt an extra 40 hours and warned not to expect any more leniency. Wallis’ still had 80 hours outstanding and had appeared twice for breaches in the past year.
Etuate Naledawa, a meat worker, of Ashburton, pleaded guilty to careless use of a motor vehicle, and drink driving (EBA 1052mg/l) – he was fined $1000, ordered to pay court cost and disqualified from driving for six months on that charge, and convicted and discharged on the careless use charge.
Ryan James Scarth, 20, of Dorie appeared for non-payment of fines – in excess of $33,500 – most of which was reparation
An arrest warrant was issued for Christopher Jared Twamley.
restorative justice matter, because no public transport was available. Judge Maze did not impose a further period of disqualification but warned Kerr to expect a more serious outcome if he was caught driving again.
Sarah Faith Banks, 33, of Ashburton pleaded guilty and was convicted of driving while her licence was revoked – she was fined $300, ordered to pay court costs of $130 and disqualified from driving for six months. Nathan Toamiarangi Haika, 32, of Ashburton pleaded guilty to acquiring an interest in a motor vehicle and driving while disqualified – his excuse was, although he purchased the car, it was in his partner’s
name and she used it to get to work. Haika was caregiver to the couple’s seven children, which included two sets of twins under five years old. The day he was caught behind the wheel the family was shifting house. He was convicted of disqualified driving and sentenced to 80 hours community work, which included fines remittance, and disqualified for a further 12 months from September 3. On the other matter he was fined $200.
Te a r i k i Junior Takairangi, 39, a logistics dispatcher of Ashburton pleaded guilty to driving while disqualified – he was convicted and sentenced to four months’ community detention, and disqualified from driving for 12
months. It was Takairangi’s third count of disqualified driving, however the court was told in this instance he drove a friend home after he collapsed after not taking medication. Judge Maze took that into consideration, but warned Takairangi there was only one other sentencing option should he reappear on driving related matters. She also ordered him to start paying $1124 of outstanding fines at $20 a week. Matakipau Ulupano, 30, of Allenton, pleaded guilty to speeding and driving while disqualified. He was convicted and fined $200, ordered to pay court costs of $130 and disqualified from driving for a further six months from September 14.