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Gang leader's killer jailed for 10 years
06.11.2004
The man found guilty of the manslaughter of Highway 61 national president Kevin
Weavers was sentenced yesterday to 10 years' jail and ordered to serve a minimum
six years and eight months.
Justice Colin Nicholson told Kelly Raymond Robertson in the High Court at
Auckland that his offending was "very close to murder".
The judge said the usual non-parole period of one-third of a sentence was not
enough from a punishment and deterrence viewpoint. He considered two-thirds of
the 10-year sentence to be appropriate.
Prosecutor Brett Tantrum called the offending "top-end manslaughter" and asked
for a sentence of eight to 10 years with a minimum non-parole period.
Defence lawyer Peter Neutze called for a sentence that would not be crushing.
Last month a jury found Robertson, 46, of Brookby, guilty of Weavers'
manslaughter at the end of a trial in which Robertson, Highway 61 life member
Michael Douglas Gould and gang associate Michael William Brittain, 44, were
charged with murder.
Gould and Brittain were found not guilty and walked free.
Justice Nicholson said the three men went to the Highway 61 gang headquarters in
a vehicle owned by Robertson in September last year after Brittain was seriously
assaulted by Weavers. Brittain had threatened to kill his assailant.
Robertson claimed he went to see Weavers on a peace mission on behalf of
Brittain, but that a screaming Weavers had charged him with a knife.
The judge said the jury rejected Robertson's claim that he had acted in
self-defence. He found beyond reasonable doubt that Robertson took a knife to
and from the headquarters. He left with it because he did not want police to
find it, but he forgot to take the sheath.
The judge said Robertson had left school early and was semi-literate, but had
built up a business worth several million dollars.
He had 18 convictions dating back to 1975, mainly for resisting or obstructing
police and driving offences. He also had a conviction for conspiring to deal in
methamphetamine.
Justice Nicholson said his sentencing starting point was for 11 years, but he
took a year off for medical reasons.
Mr Neutze said Robertson had three bouts of cancer in two years.
