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Jordan Ataria
.
Wounding with intent to cause grevious bodily harm and unlawful assembly in Gisborne in June 2008
.
Mongrel Mob
Born 1986
Prison
Sentenced to six years in February 2010
Background
From Gisborne Herald story 13th February 2010
TWO men who terrified Halley Street residents while taking part in a "Mongrel Mob attack on a defenceless man" as they looked for rival Black Power members have been jailed for six years and six-and a-half years respectively.
Their victim suffered a fractured eye socket while being punched and kicked, hit by a bottle, and struck by a hockey stick, which broke during the attack. Elias Pikikotu Simeon, 20, was jailed for six-and-half years after appearing in Gisborne District Court for sentencing.
A jury had convicted him of wounding with intent to cause grievous bodily harm, and unlawful assembly. Jordan James Ataria, 23, was jailed for six years after his jury trial conviction for wounding with intent to cause grievous bodily harm, and unlawful assembly, to which he pleaded guilty.
Judge Phil Gittos said the men had to take responsibility for actions of a group of 15 to 20 Mongrel Mob members or associates. The group went to Halley Street on the night of June 29, 2008, looking for residents known to be members of Black Power, but went to the wrong house.
They yelled out gang expressions like "Sieg Heil" and "nigger" — Mongrel Mob slang for Black Power They were "plainly intent on starting trouble" with any Black Power members who would be enticed from their homes, said the judge.
The victim walked down his driveway to investigate. He was accosted and called a "nigger lover". He was punched in the head and struck by a hockey stick, and fell to the ground where the attack continued. Judge Gittos said the complainant showed considerable courage by getting hold of the hockey stick and defending himself but was overcome and lost the stick.
He was then hit by the stick, which broke, and was punched, kicked and hit on the head with a bottle. Judge Gittos said residents were terrified. Some had left the area and it appeared there had been attempts to intimidate several of them. There had been suggestions Ataria had not been in the area near the end of the incident.
But the complainant’s blood was found on his clothes and shoes and provided “damning evidence”. Ataria had a less significant criminal record and had been highly regarded by his friends when he lived in the South Island. Moving to Gisborne had resulted in his exposure to gang culture. His father, present in court, had to be bear some responsibility for his plight, said Judge Gittos.
Simeon had violent tendencies and a relevant previous conviction, which led to his longer sentence. Crown prosecutor Steve Manning said Simeon had recently been released from prison for a similar offence. Sonia Vidal, counsel for Ataria, said he had no previous convictions for violent offending and was not a gang member or prospect. He did not accept the grievous bodily harm verdict.
Adam Simperingham, counsel for Simeon, said his client accepted the verdict and conceded he punched the victim but did not attack him with the hockey stick. Simeon had managed to stay out of trouble for 18 months while on bail waiting for the trial. He had been out of Gisborne and away from gang influences, said Mr Simperingham.
