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Lynace Parakuka, 22, was found dead at a Rotorua school’s grounds in 2018 and her partner, Jayson Poihipi, was later sentenced to life in prison with minimum non-parole period of 10 years and six months.
A Rotorua man who beat his pregnant partner to death on the grounds of a school has failed in a Supreme Court bid to challenge past rulings.
Jayson Wiremu Poihipi was found guilty of Lynace Parakuka’s murder at a High Court trial in Rotorua in 2019. He was later sentenced to life imprisonment with minimum non-parole period of 10 years and six months for the 2018 murder.
Before beating his partner to death Poihipi had been drinking, using methamphetamine and taking magic mushrooms.
As they walked through the grounds of Rotorua’s St Michael’s Catholic School the then 19-year-old Jason Poihipi punched and kicked his 22-year-old partner in the head between 11 to 20 times.
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She was seven weeks pregnant.
He struck Parakuka at least 11 to 20 times in what the Crown called a “jealous rage” with all blows directed at her head and face.
Parakuka took at least 20 minutes to die, during which Poihipi sat next to her for some time before going to a cousin’s address to get help.
A pre-sentence report recorded Poihipi’s rationale for violence.
“I thought that me hitting my partner would solve the problem, and we did fight and I did hit her, we would go to bed and wake up the next morning, she would stop saying bad things and the relationship would be good again.”
Poihipi initially challenged his murder conviction in 2022 at the Court of Appeal, claiming his magic mushroom use would “prove he did not realise death was likely”.
It was also claimed his trial lawyer “failed to prepare, investigate and advance key elements of the defence case”.
The Court of Appeal, however, rejected his arguments.
“The Court of Appeal rejected the arguments about the failure to investigate and advance key elements of the defence case, in particular the elements that related to the magic mushrooms,” the Supreme Court ruling said.
Poihipi had sought leave to appeal “on the grounds that trial counsel failed to tailor his approach to accommodate a vulnerable defendant and failed to provide advice on giving or calling evidence”.
The Supreme Court, however, said the Court of Appeal had correctly ruled counsel has a duty to “tailor their communications to account for any vulnerabilities of their client”.
Poihipi, the ruling noted, has “some level of cognitive difficulty” and while there is no formal diagnosis, “it is suspected he has foetal alcohol syndrome”.
“Nothing raised indicates that the Court of Appeal was wrong in its assessment that trial counsel had appropriately adjusted his approach to account for Mr Poihipi’s impairment, that the advice given was appropriate and that Mr Poihipi understood and accepted the advice given,” the Supreme Court said.
“Therefore, there is no risk of a miscarriage of justice.”
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