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Killing of Timaru man Mark Smith in the course of a fight in February 2006
Also two assault charges
Mark Smith
.
none known
Born 1988
At large in Timaru
Sentenced to 3 years 3 months in August 2006
Released on home detention July 2007
Paroled October 2007
Recalled December 2007
Since wanted for breaching community work...
Background
NZ Herald story here with the assault charges detailed here
Christchurch Press story June 2006
A promising rugby player and student leader is facing life behind bars for killing a man with a single punch after a night's drinking. Daniel Kerisiano Senelale, 18, threw the killer punch after Mark Smith, 30, allegedly made racist remarks to two Samoan doormen outside a Timaru nightclub. The right-hand punch knocked Smith, the father of three young children, to the ground. He hit his head on the road and lost consciousness. He was rushed to Timaru Hospital, but specialists determined his injuries were not survivable and life support was disconnected after four hours. Senelale was charged with assault, then murder, but yesterday police withdrew those charges in favour of the lesser charge of manslaughter. Senelale pleaded guilty before Justices of the Peace Kevin Dey and Michael Batchelor to the manslaughter charge, which carries a maximum sentence of life imprisonment.
Ian Murray, for the Crown, told the court that Smith and Senelale had been drinking heavily before the fatal punch was thrown. Smith and his partner, Cheryl Bates, went to the Returned Services Association in Timaru at 8pm on February 25. They began drinking beer. About midnight, they went to the Royal Hotel, where they drank more beer. They then went to a city bar and ended up at The Sail at 1.17am. On the same night, Senelale - a star rugby player and a prefect at Timaru Boys' High School - was selling programmes before a Crusaders Super 14 match against the Sharks in Timaru. He left at half time with an associate and drank four cans of bourbon and cola in 30 minutes. Senelale then went to a Maori rugby prizegiving at the Caroline Bay Hall. There he drank beer before going to a party and drinking more bourbon and beer. The party was closed by police at midnight. Soon after 1am, Senelale went to The Sail, but left soon after and sat on a wall with friends across the road, Murray said.
Shortly before 2am, Smith was ejected from The Sail for arguing and swearing. Smith shouted abuse at the two Samoan doormen. One of Senelale's associates heard the abuse and Senelale, also Samoan, became angry, saying the doormen were his cousins. He followed Smith and caught up with him at the intersection of Perth and Sophia streets. He asked Smith for an apology but did not get one. He grabbed Smith's clothing near the throat. Smith had his hands up to Senelale's chest. Bates tried to separate the two. Murray said Senelale was the aggressor; Smith backed away. Senelale then threw a right-hand punch that struck Smith on the jaw. He fell backwards on to the road, hitting his head. Senelale returned to The Sail, where he told the doorman he "had sorted out the fellow who had called him a nigger". He then left and walked around the bars and streets of Timaru. Smith never regained consciousness and was taken to Timaru Hospital. Specialists determined his injuries were not survivable and life support was disconnected after four hours.
A post-mortem showed lip bruising, significant skull fractures and severe brain injury. Senelale told police he heard Smith call his cousin "a nigger" and asked him to apologise. He said Smith tried to punch him. Wayne van Vuuren, for Senelale, said aspects of the police summary were not balanced, but the case was a tragedy for all concerned. He said the defence did not accept some of the scene-setting aspects of the summary, which invited the inference of gross intoxication. That was not the case. Van Vuuren sought bail but police opposed it, saying jail was likely and the sentence should start with the plea of guilty. Outside court, Smith's mother, Carol Lash, said she was pleased Senelale had pleaded guilty, sparing all a trial. "It's just a relief he's not walking around. It was hard to think we might bump into him," she said. Senelale's rugby coach, Smiley Haua, said the teenager had been a leader-in-waiting before he threw the deadly punch. He had excelled at sport and, given the right breaks, could have gone much further.