Warning: Contains descriptions of domestic violence

A seasoned member of Black Power not long out of jail for his involvement in a murder is back behind bars after a violent attack on his pregnant partner and for fleeing police as he was being transferred from an ambulance to hospital.

Adrian Tony Fenton, 39, was in custody when he told officers he was feeling unwell and needed medical assistance.

He was put in handcuffs and a waist restraint belt and taken to Taranaki Base Hospital by ambulance for treatment, New Plymouth District Court heard on Tuesday.

But when he arrived at the Emergency Department, Fenton, who was one of four Black Power members convicted in relation to the 2008 fatal stabbing of Peri Niwa, dislodged the accompanying constable’s grip on his belt as she was helping him from the ambulance, and legged it up the driveway of the hospital.

When an oncoming vehicle stopped for Fenton, who was in the way, he pulled open the door and yelled at the driver to get out. But they managed to accelerate and get away.

He tried again with the next vehicle, however, they too took off.

By this stage, the constable had caught up with him and pointed her taser in his direction.

He laid on his back, as per the officer’s order, but then kicked her leg and tried to stand up in another attempt to run away.

Fenton was subsequently tasered and returned to custody.

His escape from police occurred on December 11 last year after he had been taken into custody for assaulting his partner, who had in place a protection order against Fenton, in the preceding days.

On the evening of December 9, he was in an agitated mood and began making accusations against her and threatened to kill her.

He forced both of his hands around her throat and squeezed tight, preventing the woman from breathing.

She was unable to break his grip and was about to black out when Fenton let go.

Fenton appeared in New Plymouth District Court on Tuesday. Photo / Tara Shaskey

The following morning, he continued to degrade her and make accusations.

While out with him, she whispered to a member of the public to phone the police but he overheard and yelled at the bystander, warning “they had better not”.

Fenton grabbed the woman, dragged her to their car and punched her head several times.

Later that day, he punched her again, knocking to her the ground where she lay as he kicked her body multiple times.

In court, he faced sentence on admitted charges of impeding breathing, assault on a person in a family relationship, threatening to kill, breach of a protection order, assault with intent to injure, escaping police custody, and assaulting an officer.

Defence lawyer Samantha Hunt submitted that while jail had been recommended, a sentence of home detention was also available.

She said a cultural report provided a nexus to his offending.

He suffered childhood deprivation, witnessed abuse, experienced learning difficulties, had substance abuse issues, and has had an involvement in gang life.

“This has led to the cycle of offending that Mr Fenton finds himself in today.”

Hunt said Fenton was open with the report writer and what was littered throughout the resulting document was his “understanding and want” to do better.

“He disclosed that in reality, he is caring and kind and he wants to be there for his family.”

Restorative justice took place between Fenton and his partner which Hunt described as a positive conference.

He wanted to take responsibility and put in effect positive changes, she said.

Police prosecutor Detective Sergeant Dave McKenzie submitted jail was the only option for Fenton.

 “I don’t think a sentence other than imprisonment would give weight to the principles of denunciation and deterrence considering the type of offending and the length of offending over the period of days.”

Judge Gregory Hikaka said no one should be, or deserved to be, treated the way Fenton had treated his partner when in a relationship.

“It was at home and in public and there was an aspect of demeaning behaviour the way you treated her in public.”

Referencing comments made by Fenton to his partner at the restorative justice conference, Judge Hikaka accepted he was sincere when he apologised and said he was disgusted by his behaviour.

“You said you should have never put her through that pain, making her feel worthless ...”

But the judge said the true test would be how Fenton behaved in stressful situations if or when he returned to the relationship.

He advised that in order to prove the depth of his remorse, Fenton gets assistance for his drug issues.

The judge accepted there was a link between Fenton’s background and his offending but said he risked continuing the cycle if he did not take stock of his behaviour within his family unit.

“It’s up to you to change that.”

Judge Hikaka gave Fenton credit for his background factors, remorse and guilty pleas before jailing him for two years and six months.

Fenton was previously released from prison in November 2019 after serving the majority of an 11-year sentence.

He and three other Black Power members were found guilty in 2010 at a trial into the death of Niwa.

The group mistakenly believed Niwa was part of a rival gang and he was stabbed as he tried to escape through the window of a New Plymouth house.

Matiu Pahau, who wielded the knife in the attack, was convicted of murder and jailed for life, with a 17-year non-parole period.

Fenton, Mahana Edmonds, who ordered the attack, and Rangi Rick Brown were convicted of manslaughter.

Edmonds was jailed for 14 years and six months, with a nine-year minimum term, and Brown for 11 years.

In the Parole Board’s 2019 decision to release Fenton two months before his statutory release date, it said Fenton told the board that he would remain in the Black Power gang.

“He says he now knows how to say ‘no’ but acknowledged that the gang will remain a part of his life when he is off conditions.”

Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff where she covered crime and justice, arts and entertainment, and Māori issues.

FAMILY VIOLENCE

How to get help:
If you're in danger now:
• Phone the police on 111 or ask neighbours or friends to ring for you.
• Run outside and head for where there are other people. Scream for help so your neighbours can hear you.
• Take the children with you. Don't stop to get anything else.
• If you are being abused, remember it's not your fault. Violence is never okay.
Where to go for help or more information:
• Women's Refuge: Crisis line - 0800 REFUGE or 0800 733 843 (available 24/7)
• Shine: Helpline - 0508 744 633 (available 24/7)
• It's Not Ok: Family violence information line - 0800 456 450
• Shakti: Specialist services for African, Asian and Middle Eastern women and children.
• Crisis line - 0800 742 584 (available 24/7)
• Ministry of Justice: For information on family violence
• Te Kupenga Whakaoti Mahi Patunga: National Network of Family Violence Services
• White Ribbon: Aiming to eliminate men's violence towards women.
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