Auckland, New Zealand – A bus driver, Mikaele Ah Fook, 34, has received a sentence following the death of passenger Peter Te Kira, 61, after an altercation on April 27 of last year. The incident occurred near Great South Rd in Papatoetoe, South Auckland, after Ah Fook’s bus arrived at a stop.
The Incident
According to court documents, Te Kira, who had been at a nearby tavern for two hours and was three times over the legal alcohol limit had he been driving, repeatedly refused to pay his fare, yelling “no” multiple times. Ah Fook had previously argued with Te Kira on three other occasions regarding unpaid fares. After Te Kira exited the bus and allegedly made an offensive remark – “F*** off back to your own country” – Ah Fook struck him, causing him to fall and sustain blunt force head injuries.
Ah Fook continued his bus route after the assault. Te Kira was transported to Auckland Hospital and placed in an induced coma, but died three days later from his injuries.
Remorse and Forgiveness
Ah Fook admitted wrongdoing to police and expressed shame for his actions. He later pleaded guilty to manslaughter in October and participated in a traditional Samoan forgiveness ceremony with Te Kira’s family at a South Auckland marae in December. The victim’s family, while acknowledging their pain, expressed forgiveness and even gave Ah Fook permission to find happiness again.
Sentencing
Despite potentially facing a life sentence, Crown prosecutor Gareth Kayes, in alignment with the wishes of the Te Kira family and defence lawyer Tua Saseve, recommended home detention. Justice Bohemen agreed, acknowledging Ah Fook’s remorse, guilty plea, participation in counselling, and the forgiveness ceremony. The judge noted that while Te Kira’s behaviour was “difficult and offensive,” Ah Fook’s response was “unwarranted” and a breach of his responsibility as a bus driver.
Frequently Asked Questions
What led to the altercation between Ah Fook and Te Kira?
The altercation began after Te Kira repeatedly refused to pay his bus fare and, according to Ah Fook, made an offensive remark after exiting the bus.
What role did the traditional Samoan forgiveness ceremony play in the sentencing?
The ifoga ceremony was a significant factor in the sentencing, demonstrating Ah Fook’s remorse and the victim’s family’s willingness to forgive, which influenced the judge’s decision to recommend home detention.
What was the final outcome of the sentencing?
While facing a potential life sentence, Mikaele Ah Fook received a sentence with substantial reductions based on mitigating factors, as determined by Justice Bohemen.
As Ah Fook begins to serve his sentence, one must consider how this case will impact future interactions between public transport workers and passengers, and the role of restorative justice in similar situations.
