• Eight Mongrel Mob associates have been jailed for their roles in the killing of Mitchell Te Kani, and assaults on his whānau.
• About 20 mobsters descended on the whānau homestead property in Tauranga in May 2022.
• On the third and final day of sentencing, Justice Andrew Becroft heard about the upbringing of the final six defendants.

Kevin Bailey was “treated like an animal” as a baby, kept in a kennel by his maternal grandmother.

The now 26-year-old went on to eventually be rejected by his maternal family and his father, later becoming homeless, and selling drugs while in primary school in Kawerau.

Now Bailey is one of eight defendants being sentenced this week for his role in the death of Mitchell Te Kani.

All bar one of the group seemed genuinely remorseful for what happened in the driveway of the Te Kani homestead property in Maungatapu Rd on the night of May 14, 2022.

Mitchell was struck on the head with a crowbar by one of approximately 20 gang members who marched up the driveway, barking, yelling, and smashing bottles in retaliation for an assault on one of their members, Bodine Umuroa, about 10 minutes earlier.

Ten Mongrel Mob members and associates were eventually arrested, one was cleared, and nine went through an eight-week trial in the High Court at Hamilton late last year.

Eight were convicted on a variety of charges; Bailey and Shem Williams, both from Gate Pā; Mihaka Ratahi, of Pāpāmoa; Kiri Mereina Pini and Bodine Umuroa, from Parkvale; Hamiora Bennett from Brookfield; Huntly man JahvaunTe Ari Layne; and Witiawa Robinson from Tauranga.

The jury was hung on the assault charges Samuel Milosi faced, and he was found not guilty of manslaughter.

The rest all successfully defended murder charges, but five were found guilty of Te Kani’s manslaughter. The remaining three were convicted of serious assault charges relating to the victim’s whānau, including his brother, Thomas Te Kani.

The marathon three-day sentencing began on Tuesday with Justice Andrew Becroft listening to five victim impact statements from the Te Kani whānau.

Mahura Te Kani, the oldest of Pini and Thomas Te Kani’s children, brought the courtroom to palpable silence as she sang a waiata.

Before beginning the first of the sentencings, Justice Becroft told the group their actions had “rocked an innocent and law-abiding family to its core”.

“In one sense, they will never recover ... you have left an immeasurable void.

“It was mob violence. Metaphorically and literally.

“It was a descent into the law of the jungle.”

Umuroa, who appeared this week as a shadow of his former self at trial, was jailed for 13 years and three months, while Pini was given nine and a half years jail.

Justice Becroft ordered all defendants to serve a minimum non-parole period of 50%, despite opposition from their lawyers.

Kevin Allan Isaac Haimona Tunui Bailey. Photo / Mike Scott

Kevin Bailey: ‘The gentle bear’

Bailey was described as an “enigma” and a “paradox” in court.

Crown solicitor Duncan McWilliam said on the one hand, he was exposed to violence as a child, but as an adult, he’d been able to break that cycle in his own relationship and not be violent.

“But this wanton violence that took place is something slightly different.”

Bailey was subjected to “cruelty” as he grew up, from the vulnerable age of two months, his counsel, Max Simpkins, said, by being put in a kennel by his grandmother.

He was born into an impoverished home, not well educated, and assaulted by the maternal side of the family and his biological father.

He then, unsurprisingly, started drinking alcohol at a young age, then smoking cannabis, which then inevitably led to methamphetamine use.

Yet, he was able to produce glowing character references, including one from a day care, describing him as a “gentle bear”, devoted to his kids, and always willing to help out.

Simpkins said his client was genuinely remorseful for his actions, which he’d labelled “deplorable”.

Justice Becroft said it was clear his biological parents “deeply failed you” and was not surprised he ended up in the gang, which had given him the love that he’d always searched for.

“It was a harrowing lifestyle, almost since birth,” he said.

He found that his prospects of rehabilitation were good, and he’d completed two courses while on remand.

The court heard that the only grandfather who’d ever supported Bailey died during the trial last year.

As for the offending, Bailey nearly died after being struck in the head with the blunt side of an axe by Thomas Te Kani.

On the four assault charges, Bailey was jailed for six years.

Hamiora John Te Moana Bennett in the High Court at Hamilton in September last year. Photo / Mike Scott

Hamiora Bennett: ‘What a different life you could have had’

Bennett, whose grandfather was a co-founder of the Mongrel Mob, was so good at rugby league he could have got an Australian contract.

“This was a man who could have played rugby league for the Brisbane Broncos,” a rather flummoxed Justice Becroft decreed.

“How different your life could have been had you taken up that scholarship.

“There’s two different roads, and the road he went down led him here.”

He was 15, and opting to fulfil his fatherly obligations, when he ended up following in his grandfather’s footsteps and joining the gang.

“When he became a father he was basically a child himself,” his counsel Nick Dutch said.

However, given his upbringing it was always more than likely he’d end up in court, he said.

“That one side of his family is particularly entrenched in the gang lifestyle.”

On being arrested for this offending, Bennett went on to have a rough first 18 months behind bars, which saw him clock up a few misconducts behind bars, mainly for getting tattoos.

But since then he’d been “engaging well”.

He was now in a low-security prison and had completed several programmes, including anger management.

“He’s done everything he can as a remand prisoner,” Dutch said, adding Bennett had told him he’d wish the incident never happened.

Justice Becroft accepted Bennett had a “profoundly dysfunctional background that led you straight into the gangs”.

“But Mr Bennett, what a different life you could have had.”

He jailed Bennett for seven years and nine months.

JahvaunTe Ari Layneur barked repeatedly as he left the dock. Here he is pictured at an earlier court appearance. Photo / Mike Scott

Jahvaun Te Ari Layne: ‘I’m a mean as fighter’

The 29-year-old chose to bark repeatedly as he was led out of the dock after being jailed for 10 and a half years.

Justice Becroft noted that behaviour backed up mostly what he’d just said, when he questioned his remorse and staunch allegiance to the gang.

Layne described himself to a pre-sentence report writer as a “mean as fighter” and the judge noted that’d be why he was involved in a “prison pack attack” on another prisoner while in custody.

“You have obviously chosen to be involved in the Mongrel Mob, and it’s been reported that you have an unwavering allegiance to that gang,” Justice Becroft said.

“You say, ‘I would do anything for them, and they would do anything for me’, and tragically on the day in question that’s exactly what happened.”

Layne was found guilty of manslaughter, along with four assault charges, including two of wounding with intent to cause grievous bodily harm.

His counsel, Jessica Tarrant, pushed for discounts because his client wanted to admit a manslaughter charge six months before trial, but the Crown turned it down.

He also had no previous convictions and joined the gang late in life.

However, during his first stint of electronically monitored [EM] bail, he cut his EM bracelet, “frustrated” at being stuck at home, and “preferred to be back in custody”.

He then got sick of that and successfully reapplied for EM bail, but then breached it by having gang associates over to his house.

“It doesn’t read well,” the judge said.

“I agree,” Tarrant said, “but it was a very lengthy time on EM bail”.

“He wasn’t able to leave the address. It was frustration for a lack of being able to associate with anyone.”

From a 13-year starting point, and after issuing several discounts, Justice Becroft jailed Layne for 10 and a half years.

Witaiawa Robinson. Photo / Mike Scott

Witaiawa Robinson: ‘Joined the Mob just months before killing’

Robinson’s offending was “a very near replica” of his childhood, counsel Marie Taylor-Cyphers told the judge.

His background report detailed gang involvement, violence, drugs, and alcohol.

But she explained that the 26-year-old had to join the gang as it was “the only way to survive”; he’d left school because he “smoked too much drugs and drank alcohol”.

“The reason I refer to drugs and alcohol is because that’s exactly what occurred on the night in question.”

But Justice Becroft said most gang members were saying the same thing.

Taylor-Cyphers explained that they had a reduced moral culpability as they were born into that life.

“His age is also relevant. He was a young man at the time of the offending and still is now.”

However, McWilliam noted that Robinson, a father of two, didn’t join the gang’s Maketu chapter until 2022; the year this offending took place.

Prior to that, he’d formed positive relationships, had a job in construction, and been “a productive contributor to his family”.

Justice Becroft accepted he only had one previous conviction, and despite being kicked out of school in Year 9, had developed some “real skills” and been a productive member of society.

From a 13-year starting point on five charges, including manslaughter, Justice Becroft landed at an end jail term of 10 years.

Mihaka Ratahi. Photo / Mike Scott

Mihaka Ratahi: ‘The Man-Up programme helped turn his life around’

Whānau of Pāpāmoa man MihakaRatahi fought back tears throughout his sentencing, appearing on tenterhooks as the lawyers, and judge, discussed the ups and downs of his life.

His counsel, Bill Nabney first addressed his client’s “genuine remorse” and reminded the judge of his police interview in which the 32-year-old said he didn’t blame members of the Te Kani whānau arming themselves when the Mob turned up.

“If I had been in their position, I would have done exactly the same thing,” Ratahi said in 2022.

During his 19 months on EM bail, he remained drug-free and got involved with the Destiny Church and completed their Man-Up programme.

“He’s a father to effectively eight children, and he got to spend time with his children and he got to realise how important they are in his life.

“There have been letters of support commenting on how important he is to the family.

“Being on EM bail is probably one of the best things that has happened to him.”

He also joined the gang relatively late in life, in 2018.

But Justice Becroft said despite that, Ratahi had still managed to clock up 24 convictions, 16 of which he was jailed for.

He also noted how Ratahi had completed the Man-Up programme, “despite how controversial that might have been recently”, which had helped him do “something of a u-turn” with his life.

From a 14-year start point for eight charges, including manslaughter and three for attempting to pervert the course of justice, Ratahi was jailed for 10 years.

Shem Williams pictured in the dock at the start of the trial in September last year. Photo / Mike Scott

Shem Williams: ‘I wish no one had been hurt’

The jury acquitted Williams on the murder/manslaughter charge, but remained hung on all four assault charges he faced, and the Crown decided not to pursue them.

So when he appeared for sentencing on Friday afternoon, it was for two charges of attempting to pervert the course of justice.

That was for his role in cleaning a van involved in the fateful night. The vehicle was used to transport his brother-in-law, Mihaka Ratahi, who was injured and taken to hospital.

It was also for taking a phone call from Ratahi, who was in custody, and conspiring with him to clean the van, but also to get their stories straight about what happened that night.

Justice Becroft had already indicated a three-year starting point; Williams’ counsel Ben Smith somehow needed to convince the judge down to the realms of home detention, or 24 months jail.

Smith said his client was genuinely remorseful and in a letter wrote how he “wished this never happened, I wish there had never been a fight ... and I wish that none of them had been hurt”.

Williams was a dedicated father to six kids, while his partner was pregnant with number seven, and he also cared for his sick mother.

As with the others, he’d grown up in a home of violence and neglect, separated from family, and at times, homeless.

Joining the Mob gave him a “sense of brotherhood”, or a “fictive kin,” as Dr Jared Gilbert described it at trial.

Williams noted that if a member was kicked out of home, the gang would house him and their whānau, sort the rent and give them money for food, or money for a tangi, without having to pay it back.

“He should have expected these to be provided by family,” Smith said.

“All of them have a patch on their back for a reason. None of them decided to do it after finishing university.”

But despite that, Williams had never had a benefit and been self-employed, but was more recently the primary caregiver for the kids, while his partner worked.

Justice Becroft was sympathetic to his obligations to his children, all of whom are 16 or under, his upbringing, and time on bail.

However, as his pre-sentence report was “unhelpful”, he jailed Williams for 23 and a half months but granted him leave to apply for home detention.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.