Two Black Power members jailed after the fatal shooting of a rival gang member have returned positive drug tests and been placed in high security which resulted in parole being declined.

The pair, Damien Charles Fantham-Baker and Sheldon Toni Rogerson along with Damien Shane Kuru, all appeared before the Parole Board at Whanganui’s Kaitoke Prison on April 4, 2023.

In the High Court at Whanganui, Justice Rebecca Ellis sentenced the men to various terms of imprisonment in February 2022 for their involvement in the death of Mongrel Mob member Kevin Neihana Ratana.

Ratana, a father of two, was gunned down in broad daylight at his partner’s address in Castlecliff on the morning of August 21, 2018.

The aspiring rapper, who performed under the name “Kastro”, died instantly after being hit in the neck with a solid slug fired from a shotgun.

Kuru, the president of the Whanganui Black Power chapter, was found guilty of manslaughter following a six-week trial and was jailed for five years and two months.

Fantham-Baker pleaded guilty to manslaughter and received a sentence of five years and 10 months’ imprisonment, while Rogerson, who pleaded guilty to murder, was jailed for six and a half years.

Board member Serina Bailey noted Kuru had challenged his conviction in the Court of Appeal and had been unable to begin his rehabilitation programmes while the process was underway.

Whanganui Black Power president Damien Shane Kuru was denied release by the Parole Board after a hearing at Whanganui's Kaitoke Prison in April. Photo / NZME

At the time of the hearing, no decision had been made on Kuru’s appeal and he was finding the slow-moving process frustrating, Bailey said.

Kuru’s principal Corrections officer advised he was living in the self-care units, she could not fault his behaviour and gave him an excellent report to the board.

Bailey said Kuru was deemed to be an undue risk as he hadn’t completed any rehabilitation programmes but would be seen again by the board before the end of July.

Last week the court released its majority decision to dismiss Kuru’s appeal.

Fantham-Baker advised the board, who had met with Ratana’s mother, he didn’t seek parole.

He had previously received a letter from Ratana’s mother advising she wanted him to serve the full sentence, which he told the board he would be happy to do as a result.

Fantham-Baker had a rocky start to his sentence but his behaviour had improved considerably over time until recently when he slipped up quite badly, resulting in his return to a high-security unit.

Rehabilitation programmes Fantham-Baker was attending had to be suspended until he left high security.

His case manager told the board Fantham-Baker was facing internal charges, including a positive drug result and damage to prison property.

The Board declined parole but encouraged Fantham-Baker to accept any assistance offered and it would see him again before the end of December.

Rogerson, who Ratana’s mother wanted to see serve his full sentence, had also been sent to the high-security unit after three incidents and a failed drug test.

His behaviour resulted in his participation in a rehabilitation programme being suspended.

When questioned about the positive drug test, Rogerson told the board he had felt a bit down and had succumbed to the temptation.

Parole was declined as Rogerson remained an undue risk until he completed the programme but he would be seen again by the Board before the end of April 2024.