Taranaki Daily News

Killer was on final warning

Too late for RNZ journalist

-

Just days before Nicho Waipuka punched and stomped a Wellington journalist to death, he narrowly escaped being jailed for a similarly unprovoked assault.

The family of Phillip Cottrell said it was like ‘‘an earthquake’’ when they learned yesterday that the chance to lock up Waipuka had been missed.

A District Court judge decided on November 22, 2011, not to follow a probation officer’s recommenda­tion that Waipuka be given a prison sentence on charges including assault and threatenin­g to kill.

Seventeen days later, on December 10, Waipuka killed Mr Cottrell, 43, as he walked home from a night shift at Radio New Zealand and robbed him of $80.

Even though District Court judge Ian Mill said Waipuka, then 19, ‘‘quite clearly’’ should have been sent to prison, he allowed the Killer Beez gang associate to walk free from the Lower Hutt District Court with an intensive supervisio­n sentence.

He was to have alcohol and drug abuse treatment, and attend a tikanga Maori programme, with the possibilit­y of other treatment or counsellin­g intended to improve him.

Judge Mill endorsed Waipuka’s file with a formal ‘‘final warning’’ and said he would personally review his progress in three months.

By then, Mr Cottrell was dead, after Waipuka unleashed what a High Court judge yesterday called swift and brutal ‘‘recreation­al violence’’ on him.

Waipuka even tried to use his ‘‘last chance’’ sentence as part of a false alibi for the killing.

‘‘I’m on intensive supervisio­n, bro. Check with my missus, she don’t let me go nowhere,’’ he told police.

The fact that he killed Mr Cottrell while still under the supervisio­n sentence, and had 24 previous conviction­s that included three for violence, became the grounds for his manslaught­er sentence of 12 years and 10 months yesterday.

Justice Forrie Miller said he considered life imprisonme­nt for an attack that was ‘‘very close indeed to murder’’.

Waipuka has to serve at least 81⁄ years before he can be considered for parole.

Mr Cottrell had described himself as having ‘‘old lady bones’’ as a result of a rare medical condition. Justice Miller said it was no excuse for Waipuka to say that Mr Cottrell was unexpected­ly vulnerable.

Manuel Renera Robinson, 18, who was with him at the time of the attack, was acquitted of both murder and manslaught­er.

 ??  ?? Nicho Waipuka
Nicho Waipuka
 ??  ?? Phillip Cottrell
Phillip Cottrell

Newspapers in English

Newspapers from New Zealand