Manslaughter verdict shocks family and community

Jasmatbhai Patel

Leaders of the Indian community have expressed their shock and disappointment over an Auckland High Court verdict on September 29 against a man convicted of manslaughter.

Twenty-eight-year old Bio O’Brien was sentenced to three years in jail for killing Jasmatbhai Patel (78) in a road rage incident on April 7.

He had pleaded guilty to manslaughter.

The court heard that the defendant had violently pushed Mr Patel causing his head to be hit on the concrete curb, after the latter hit his BMW causing a dent.

The verdict may mean that the offender could be set free within a year, after he completes a third of his sentence. He has already served six months in prison.

According to reports, O’Brien had been ordered to complete 150 hours community service for threatening to kill and for assaulting a female in 2001.

Reactions to the verdict in the manslaughter case have been widely critical.

George Patel, a son of the deceased was clearly distraught by the verdict.

“I’m not happy with three years but what can you do? That is the law in New Zealand. I would never forgive this man and I doubt if he showed any remorse of having killed my father,” he said.

The New Zealand Herald quoted him as saying that he had promised his mother more than 20 years ago that he would look after his father for the rest of his life.

“I had hoped that my father would outlive me. He was a disciplined man and led a healthy, active life. I feel like I have lost a precious part of my life,” he said.

In her judgement, Judge Justice Judith Potter set a starting point for sentence at four years but reduced it to 18 months in recognition of O’Brien’s early guilty plea.

But she said “the assault was unprovoked and unjustified.”

The Sensible Sentencing Trust spokesman Garth McVicar said the verdict was “a license to kill and another nail in the coffin of New Zealand’s Justice System.”

“In handing down such a pathetic sentence, Justice Potter had failed in her duty to protect the public and send out a deterrent message to other short-fused road ragers.

“If our judges are prepared to accept this level of violence, it is no wonder violent crime is flourishing and prisons are overflowing. If actions such as this are being sanctioned by our judges, this country will be condemned to an escalation of violence,” he said.

Global Organisation of People of Indian Origin (GOPIO) New Zealand President Harish Bajaj said the verdict was shocking.

“We did not expect offender O’Brien would be given such a light sentence, especially since he had offended before. We were surprised that he would have just three years in jail. We are sorry for the tragic loss and convey our sympathy to the members of the Patel family and offer them our support,” he said.

Auckland Indian Association Secretary Dr Lingappa Kalburgi said the Indian community was furious over the light sentence handed out to “the angry young man.”

“Jasmatbhai Patel was well respected by the Indian community in general and Gujaratis in particular. The verdict has upset all of them. We often believe that judges would act in a manner that reflects the thinking of the people so that their verdict becomes popular. Unfortunately, recent judgments have belied rational thinking,” he said.

Hindu Elders Foundation Co-President Thakur Ranjit Singh said it was a travesty of justice and hoped that Indian Newslink will take this issue further and point out the “stupidity in the NZ Justice System.”

A kidnapper was jailed recently for 10 years, and even petty thieves get harsher sentences, he said and hoped that the mainstream media would also show interest.

“This is a matter of concern for all Kiwis. Hence, all of us need to join in this chorus.

“The killer of Sai Krishna Naidu in Manurewa (in January 2008) is enjoying free life because he has been ruled mentally unbalanced,” he said and added that O’Brien will be out of jail in a year.

“Who leaves such loose cannons in the community and who is responsible for them? Do victims have any right in this country?” he asked.

He said the Hindu Elders Foundation will raise this issue at their first Hindu Elders Conference due to be held on October 3.