Parole close for pair from Hutt killing
A mother-of-six jailed yesterday for fatally stabbing a man, is already able to be considered for parole because of the time spent in custody before sentencing.
The Parole Board is expected to see Damelza Hohipa, 42, as soon as practical.
At the High Court in Wellington, the family of Davis Colin Phillips, 56, gasped in shock when she was sentenced to three years and four months’ jail for his manslaughter on January 26, 2020.
Some were already unhappy that the original charge of murder was reduced to manslaughter before Hohipa pleaded guilty.
Toetu Falemanu Tui Saili, 40, pleaded guilty to injuring Phillips with intent to cause grievous bodily harm, by stomping on his head after the stabbing, and breaching conditions of his release from prison.
He was sentenced to two years and three months’ jail and will also be considered for parole soon.
The time spent in custody awaiting resolution of the charges counted towards their eventual sentences.
They became eligible to be considered for parole after serving one-third of their term, which both had by the time they were sentenced yesterday.
The Parole Board had to consider if they would be an undue risk to the safety of the community if they were released.
The image of Phillips, known as Colin or Col, was on the clothing of several members of his wha¯ nau listening in the back of the court.
His partner of 42 years, Alexia Kaukau, said she took his ashes with her everywhere. One of her family carried the small wooden box into court.
Phillips, 56, was originally from Gisborne and had close ties to Nga¯ ti Porou.
Kaukau’s statement read to the court, said that they had met as teenagers, were together for 42 years, and had three children. They also worked at the same factory.
He was her soulmate. She could still feel their last kiss on her lips, and her heart was broken, she said.
Statements from his daughter, sister, brother and sister-in-law were also read, speaking of their grief and anger.
Phillips died in Lower Hutt on January 26, 2020, in the early morning following an altercation with Tui Saili.
Phillips was herded out to his car where Tui Saili started fighting with him. Hohipa grabbed a kitchen knife from inside the house and stabbed Phillips as he sat in his car, police said.
Phillips yelled to Tui Saili who was walking away, and Tui Saili ran back.
Phillips fled calling out words like: ‘‘I am already stabbed, I am already dead.’’
He tripped and fell, and Tui Saili stomped on his head several times, causing brain injury.
Justice Simon France said the exact reasons for the disagreement were unknown.
Hohipa’s experiences witnessing violence from childhood, and being a victim of violence in relationships, including with Tui Saili, gave her an exaggerated response to violence.
It played a very direct role in the stabbing, and was not just a description of a hard life, the judge said.
The Crown accepted it could not prove that Tui Saili knew Phillips had been stabbed when he chased him and stomped on him.
He had not long been released from prison, for violence against Hohipa, when Phillips was killed.
He was essentially homeless, without medication, and his mental health had deteriorated.