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Mason Makatea
Maihana Makatea
Rape of two New Plymouth women in December 2006, plus indecent assault and assault with a weapon
Previous charges of aggravated burglary with a weapon, plus numerous previous convictions including offending while on bail
.
.
none known
Born 1989
Prison
Sentenced to 9 years with a 6 year minimum non-parole period in February 2008
Was appeal to but the appeal may have been abandoned?
Background
From the Daily News, Saturday, 9 February 2008
A predator who sexually attacked one woman then returned to her home hours later to rape another has been jailed for nine years. Mason Makatea, who was 17 when he attacked two young flatmates in their New Plymouth home, will have to serve at least two-thirds of his sentence after Judge Allan Roberts imposed a minimum non-parole period.
Makatea (now 18), who is also known as Maihana Makatea, has always maintained his innocence. But a New Plymouth jury, armed with what the judge called overwhelming evidence, took less than two hours late last year to find him guilty of rape, indecent assault and assault with a weapon.
The unemployed teenager attacked one of his victims following a party in New Plymouth in December 2006. After being chased out of the house by several of the men who had been at the party, Makatea returned and raped his first victim's flatmate as she lay asleep in her bed. The terrified victim, who was just 15 at the time, told the New Plymouth District Court through a statement yesterday that she never slept in her flat again following the attack.
In the following months she suffered serious depression, had to be medicated, and needed pills to help her sleep. Crown prosecutor Justin Marinovich described Makatea as a predator who used violence against vulnerable victims. The Crown wanted a prison sentence of between nine and a half and 11 years. Giving a background of Makatea's life, defence counsel Turitea Bolstad said her client lacked family support growing up and had never learnt to read or write. Since his arrest Makatea had taken steps to improve his literacy skills. "There are huge prospects for rehabilitation, which can only benefit the community as a whole," she said.
Judge Roberts warned Makatea that while he maintained his innocence the prospects of being offered rehabilitation programmes and parole were minimal. Makatea, who was supported in court by a small number of family members, said nothing and showed no emotion when sentence was passed.
From the Daily News 15th November 2007
A NEW PLYMOUTH jury took just two hours yesterday to find Mason Danny Makatea guilty of sexually attacking two women in their home late last year. Makatea, who is also known as Maihana Makatea, had maintained he had never touched the woman. His defence counsel, Turitea Bolstad, told the jury in her closing address the 18-year-old had no idea why the women had made the accusations.
But the jury in the New Plymouth District Court did not believe him and returned verdicts of guilty to charges of rape, indecent assault and assault with a weapon. Judge Allan Roberts dismissed a charge of assault with intent to sexually violate before the closing addresses were made yesterday because of a lack of evidence. Makatea was remanded in custody and will be sentenced on December 19. The unemployed teenager attacked one of his victims following a party in New Plymouth last December.
After being chased out of the house by several of the men who had been at the party, Makatea returned and raped his first victim's flatmate. Earlier, Crown prosecutor Justin Marinovich told the jury they could be "absolutely positive" that Makatea was guilty. He described the unemployed teenager's crime as brash and callous. That brashness was displayed in court as Makatea wore the earring that the victims had used to help identify him as their attacker. Ms Bolstad tried to persuade the jury both victims' evidence could not be trusted, given their level of intoxication from alcohol and cannabis.
Judge Roberts directed the jury to take note of the fact Makatea's bag had been found by police next to the bed of one of the victims and that two people in the bed of one of the victims were positive it was the accused they saw. He urged them to take a collective, common-sense approach to finding their verdict.
From the Daily News 14th November 2007
THE boyfriend of one of the victims of alleged rapist Mason Danny Makatea says
he is "100% sure" it was the accused that he saw attacking his girlfriend.
The witness, who can not be named to protect the identity of the victims, was
giving evidence on the second day of Makatea's trial in the New Plymouth
District Court yesterday.
After going to bed with his girlfriend, the witness said he was asleep when he "more or less rolled over to give her a hug and felt someone on top of her". He said that person was Makatea.
While he accepted to defence counsel Turitea Bolstad that there were discrepancies in his evidence and that he had given at depositions, the man said it was still the "facts of how it happened".
Makatea, who is also known as Maihana Makatea, has denied charges of rape, indecent assault, assault with intent to sexually violate and assault with a weapon.
The Crown says the unemployed 18-year-old sexually attacked one of the victims following a party in New Plymouth last December. After being chased out of the house by several of the men who had been at the party, Makatea is accused of returning to the house and raping his first victim's flatmate.
Another witness, who had one-off sex with the alleged rape victim on the night of the attack, told the court he had gone with the other men in the house in a car searching for Makatea after the first attack. When they returned to the house they were met at the door by the first victim's flatmate, who had armed herself with a bedpost after the rape had allegedly occurred. He said she fell to the ground crying, before mumbling "Maihana" to the group.
Constable Graeme Jones said he had been on patrol in New Plymouth that night when they were stopped by the men looking for Makatea. A dog handler was called and Makatea was found hiding in a garden a short distance away.
Detective Janine Lee told the court a bag containing items belonging to Makatea was found in a search of one of the victim's bedrooms the next day. Forensic scientist Pauline Simon examined a semen stain on Makatea's boxer shorts, which were sent down to the ESR lab in Wellington after his arrest. She said DNA from part of the semen sample was 900 times more likely to have come from the man who had sex with the alleged rape victim before she was attacked, than from any other male in New Zealand.
The defence elected not to give evidence after the Crown closed its case. Both the Crown and the defence will give their closing addresses this morning. Then Judge Allan Roberts will sum up to the jury.
From the Daily News 13th November 2007
A TEENAGER accused of raping a young New Plymouth woman and sexually assaulting
her flatmate was clearly identified by his alleged victims on the first day of
his trial yesterday.
The two complainants pointed to Mason Danny Makatea as their attacker when they gave evidence in the New Plymouth District Court. Makatea, who is also known as Maihana Makatea, has denied charges of rape, indecent assault, assault with intent to sexually violate and assault with a weapon. The Crown says the unemployed 18-year-old sexually attacked one of the victims following a party in New Plymouth last December.
After being chased away by her friends, Makatea returned to the house as the victim's boyfriend and his associates were hunting for him, and raped his first victim's flatmate. Police arrested him a short time later. Crown prosecutor Justin Marinovich said ESR scientists found traces of another man's semen in Makatea's boxer shorts after he was arrested. The DNA matched that of a man that had consensual sex with one of the victims that night.
Mr Marinovich said it was every woman's nightmare to wake up and find a man sexually attacking them in their own home. "These two complainants woke up to such a nightmare," he said. The first complainant to give evidence identified Makatea as the man who was on top of her when she woke up. "He had his hands all over my body . . . my private parts."
She said he was telling her "come on baby, you know you want to." She recognised Makatea's voice, as well as the earring he was wearing, after seeing him earlier in the night. Under cross-examination from defence counsel Turitea Bolstad, the witness admitted there was no mention of the earring in her statement to the police. She also admitted to drinking heavily during the party, before the alleged assault took place.
The second victim said she had also woken up with Makatea on top of her, his hand over her mouth. She recognised the smell of Makatea's deodorant and could see his earring as he raped her. She felt "disgusted" and "scared" as he did, she said. Makatea snatched a wooden bedpost from the woman, who had grabbed it from beside her bed to try to defend herself.
"I was terrified. (I thought) he was going to hit me with it," she said. The accused then ran off. The trial, before a jury and Judge Allan Roberts, continues today.
From the Daily News 28th April 2007
AN 18-year-old alleged rapist and convicted burglar has become the first person
in Taranaki to be released on electronic monitoring bail - despite strong
police opposition.
In the New Plymouth District Court yesterday, Judge David Ongley approved police "e-bail" for Mason Danny Makatea while he awaits trial on charges of rape, indecent assault and burglary. E-bail was introduced nationwide in December last year to enable defendants who would have awaited trial in custody to be monitored at home.
The new scheme was introduced in Taranaki last November. The defendant is fitted with an electronic ankle bracelet that is activated if the wearer leaves home or work without permission. In a report before the court, one of Makatea's two victims said she had no concerns about him being released through the new system. But police argued against his release.
Makatea had offended when he breached bail in the past; police feared interference with witnesses; and the home to which he would be curfewed was also the home of a known criminal, police prosecutor, Senior Sergeant Malcolm Greig said. Because of this, the house was not a suitable environment for Makatea, Mr Greig said.
Makatea's lawyer, Turitea Bolstad, said Child Youth and Family, which had been involved with Makatea in the past, had no concerns with him returning to his home. Makatea would be monitored and would have a 24-hour curfew so he would have no ability to offend, she said. "He has a very tight-knit family. They are there to support him."
He had been in jail for 4 and a half months awaiting trial and was well aware what was in store for him if he broke his e-bail conditions. Bail conditions included non- association with associates and the possibility of community work. Mr Greig said this was where the current e-bail debate centred. It was not a global positioning system.
"If he does breach, the alarm will go, but we won't know where he's gone. We'll only know where he's not," Mr Greig said. In deciding to release the defendant, the judge said the reason was Makatea's young age, he said.
"The court has to consider alternatives to a remand in custody when the trial is likely to be several more months away. The conditions at home are far from ideal, but it would perhaps be wrong to refuse him and the family the right of trying." There was a clear warning to Makatea that if there were any breaches, he would return to jail.
Outside court, his mother, who did not wish to be named, said she was pleased her son was out of jail and coming home. She had arranged company for him to keep him busy at home.
From the Daily News 22nd December 2006
A TEENAGER accused of an aggravated burglary in New Plymouth earlier this
month was remanded in custody without plea.
Mason Danny Makatea (17) is alleged to have used a bed post as a weapon in the
burglary of a Discovery Pl house. He will appear in court again on January 8.
