Appeal: Moko ‘badly behaved’
MOKORangitoheriri’s killer argues she was driven to violence by the little boy’s bad behaviour, and therefore she shouldn’t have to spend so long in prison.
Tania Shailer was sentenced to 17 years in prison at Rotorua High Court on June 26 for killing and torturing Moko while he was in her care. But her lawyer has appealed, saying the sentence was ‘‘manifestly excessive’’.
Her partner David Haerewa, who received the same prison term from Justice Sarah Katz, is also expected to appeal his sentence.
The revelation that Shailer is arguing for a shorter sentence – essentially on the grounds her three-year-old victim was badly behaved – has outraged Moko’s family.
Her lawyer Ron Mansfield made a written submission to the court that the stress placed on his client had driven her to the crime and it was a mitigating factor when it came to her sentencing.
Arama Ngapo-Lipscombe, lawyer for Moko’s mother, said Nicola Dally-Paki was ‘‘absolutely devastated that the woman who killed her baby would put the family, including the children of Shailer and Haerewa, through another painstaking event.
‘‘My client is disgusted at any suggestion that one of the grounds of appeal may suggest that baby Moko contributed to the torture he received in Shailer and Haerewa’s care. The blame for their horrendous actions fall at their feet. They alone are responsible. They are despicable people. Nicola describes them as evil and this just supports her view that they deserve a life sentence.’’
The injuries inflicted on Moko shocked New Zealand.
Shailer said three-year-old Moko had hit her own children. ‘‘Rather than appropriately manage Moko’s behaviour towards her children, her attempts to curb or punish his behaviour became violent,’’ her defence lawyer Ron Mansfield argued. ‘‘This tragic transition is detailed to assist the Court to correctly determine the defendant’s culpability and not to seek to blame Moko.’’
Mansfield is quick to not take away from the tragic loss of life at his client’s hands at sentencing but has labelled the prison term excessive. ‘‘It was too high given her personal mitigating factors and when compared with other sentences imposed in similar cases,’’ he said.
He listed Shailer’s guilty plea, mental health and lack of previous conditions as factors that should have lessened Shailer’s sentence.
‘‘Her conduct has arisen as a result of her previously being a victim of significant violence, her mental health, the personal and financial stress the family was under, the poor behaviour traits of Moko and his sister as a result of their own exposure to violence, and her attempts to self-medicate.
‘‘Her violent acts were the direct result of her mental health condition and her inability to cope with the added pressure and stress placed upon her. The defendant took no satisfaction from the harm inflicted upon Moko.’’