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Prisoner who murdered two inmates avoids life without parole sentence

Author
Craig Kapitan, NZ Herald,
Publish Date
Thu, 9 Dec 2021, 1:50pm
Siuaki Lisiate at the sentencing for his attack on Graeme Burton in 2020. Photo / Pool
Siuaki Lisiate at the sentencing for his attack on Graeme Burton in 2020. Photo / Pool

Prisoner who murdered two inmates avoids life without parole sentence

Author
Craig Kapitan, NZ Herald,
Publish Date
Thu, 9 Dec 2021, 1:50pm

A longtime prisoner who has participated in the murders of two fellow inmates - as well as stabbing a third man over 40 times during a failed hit at the nation's highest security prison - has been ordered to serve another life sentence. 

However, he won't have to serve the sentence without the possibility of parole. 

Senior Crips gang member Siuake Lisiate - known in criminal circles as JFK or Just F****** Crazy - was one of four men accused of stabbing and stomping Blake John Lee to death at Auckland Prison in Paremoremo in March 2020. 

He pleaded guilty to Lee's murder earlier this year, just before his co-defendants' trial. In June, jurors found his co-defendants not guilty of murder. They found Lopeti Telefoni, who threw the first punch, guilty of manslaughter. 

"By any analysis, the recording [of the attack on CCTV] is graphic and deeply disturbing," Justice Simon Moore said. "The Crown says what you did is a clear act of savage violence. I'm easily satisfied that what you did meets that definition." 

Under New Zealand's three-strikes law, which remains in place despite the Government having taken steps to repeal it in the near future, Moore was required to sentence Lisiate to life in prison without parole unless he found such a sentence would be "manifestly unjust". 

Crown prosecutors said life without parole would be appropriate, but if that was found to be manifestly unjust a 20-22-year minimum period of imprisonment would be appropriate. 

Moore said it would be unjust and instead ordered a minimum period of imprisonment of 20 years, which would make Lisiate 61 when he was first eligible for parole. 

Moore pointed out that he had pleaded guilty, which "must account for something", and that he had already previously been sentenced to preventative detention for another prison attack, which the judge described as serving a similar purpose. 

"A sentence of life without parole would have you dying in jail only to punish you," Moore said, adding that it could also be considered redundant. "It's entirely conceivable the parole board....may well decide you will never, ever be released." 

Lisiate, 41, joined the Crips at 12, has been involved in the legal system since he was 14 and was first imprisoned at 17. 

He hasn't seen the outside of a prison since 2003, when he was sentenced for an armed robbery, his lawyer said. By last year he had racked up 25 convictions, most while on bail or in prison, according to court documents. 

In 2009, Lisiate ordered a hit on 23-year-old Tue Faavae, who was strangled to death with a radio power cord in a gang-related revenge killing. He was sentenced for that murder two years later to life imprisonment with a minimum non-parole period of 18 years. 

Then in May 2018, Lisiate severely injured inmate and notorious double-killer Graeme Burton during a stabbing attack at New Zealand's only maximum-security prison. 

Burton - who has a prosthetic leg as a result of a police shooting following one of his own murders - stumbled back and fell to the ground after he was punched without warning while walking along a landing at the prison. Lisiate then ran toward him and began administering his own blows before pulling out a shank. 

Double-murderer Graeme Burton sits in a wheelchair during a court appearance in Wellington in 2007. He was attacked be fellow inmate Siuaki Lisiate 11 years later. Photo / Mark Mitchell 

With Burton in the foetal position trying to shield his face, Lisiate stabbed him more than 40 times - not stopping even when Corrections officers arrived, he later said, because he was "having fun". 

Burton survived the attack but required surgery and now has severely diminished vision as a result of a ruptured eye globe. 

Lisiate pleaded guilty in September 2019 to wounding with intent to cause grievous bodily harm. He was sentenced last year to preventive detention with a minimum term of five years, two months' imprisonment. 

The latest prison killing, of Lee, happened just days before Lisiate's preventative detention sentencing in March 2020. 

CCTV footage showed Lisiate carried out most of the violence during the attack during his one hour of daily exercise time - stabbing Lee with a shank 37 times while also jumping in the air and stomping on his head 14 times. He could be seen smiling and laughing, and he licked the blade of his shank as Corrections officers arrived. 

In court documents, Lisiate wanted to make sure Justice Moore knew that Lee's killing wasn't personal. He didn't know the fellow inmate - only his Mongrel Mob gang affiliation - he said through lawyer Ron Mansfield. 

"It occurred as a result of gang tension within the prison," Mansfield told the judge, acknowledging that the assertion might not necessarily be beneficial to his client. 

Mansfield, who also represented Lisiate for the Burton attack, acknowledged the seriousness of the latest charge. 

"Anyone exposed to footage of this assault would feel sick to their stomach, and that's acknowledged," he said. 

But it's a "sad reality" that society bears some of the blame for a prison system that has failed to reform Lisiate during his life behind bars, he argued. But there's still hope his client can be rehabilitated and reformed, and perhaps in the distant future released from prison, if he isn't ordered to serve life without parole, Mansfield said. 

"I am concerned about taking away any sense of hope for this man," Mansfield said, suggesting it would be a dangerous disservice to the prison community if "there's no driver for more positive behaviour". 

Lisiate is believed to be one of three inmates now held at the Prisoners of Extreme Risk Unit, a special "prison within a prison" at Paremoremo that was initially established to hold Christchurch mosque shooter Brenton Tarrant. 

Tarrant remains the only person who has ever received a sentence of life without parole. 

In its submission, the Crown suggested Lisiate is one of the "worst repeat violent offenders" and the current offending falls within the category of "the worst murders". 

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