13 Lagi was seen to drop his weapon, a .38 Smith and Wesson revolver, in the garden of 12 Grace Campbell Crescent, on his way to a residence at 5 Rhodes Street, where he managed to hide from police, in a laundry, for several hours, before eventually making his way home. Before doing so, he exchanged his clothes for clothing which he found in the laundry. He was not arrested until 3 April, although prior thereto arrangements had been made, through his solicitor, for him to surrender to police on 4 April.
14 John Taufahema and Penisini also made their way towards Rhodes Street. They were pursued on foot by Senior Constable Day and Constable Kolosque. While moving through the small area of park, which runs between the premises 7 and 9 Grace Campbell Crescent respectively, and up a hill to Rhodes Street, John Taufahema presented his handgun, a .38 Smith and Wesson five round revolver, at Constables Day and Kolosque and threatened to shoot them if they did not back off.
15 Both officers courageously maintained their pursuit. They had drawn their own service weapons, and repeatedly warned Penisini and Taufahema to stop and to drop the weapon which the latter was holding.
16 When they reached Rhodes Street, the two offenders made their way north, still pursued by Constables Day and Kolosque. A motor vehicle driven by Lamia Kassis was observed to be slowing for a speed hump. John Taufahema made his way to the driver's side of this vehicle, and pointing his weapon at Ms Kassis, instructed her to get out of the vehicle. She complied with this request. In the meantime Penisini attempted to force his way into the front passenger seat.
17 At this point Constables Day and Kolosque caught up with the men and began to struggle with them. Senior Constable Day attempted to subdue Penisini, and eventually did so after hitting him over the head with his service pistol and spraying him with OC spray. Constable Kolosque fought with Taufahema, who was still holding his handgun and pointing it at the two officers. They struggled over the ignition key, and at one stage Taufahema managed to get the vehicle into motion, but it moved backwards, striking a vehicle behind it.
18 Eventually Taufahema was overpowered by Constable Kolosque, with the assistance of Senior Constable Day, who had come to his aid, although not before being struck on the head several times with the butt of a service weapon and also being sprayed with OC spray.
19 In the meantime, Penisini, who had been sitting for a while on a fence, no doubt being still affected by the spray, had moved away from the vehicle into the park to the east of Rhodes Street. He was pursued by Senior Constable Day, and with the assistance of Constable Rowbottom, was arrested in that park. The weapon of John Taufahema was recovered from the vicinity of Ms Kassis' vehicle.
20 It is inappropriate to make any further reference to Motekiaa Taufahema, since he is yet to face his trial, other than to observe that he was seen to be in the company of the three offenders now before the Court, and to have been the driver of the green Commodore, at about 5 pm. He was arrested in the rear yard of premises at 31 Rhodes Street, moments after the arrest of John Taufahema, and a .357 Magnum six-chamber revolver, which he was seen to drop in the garden of 33 Rhodes Street, was recovered in that location.
21 A search of the green Commodore revealed that contained within it were gloves, hats and an ice hockey mask, items capable of being used as disguises. Additionally and adjacent to, or in, Ms Kassis' vehicle were found another pair of gloves and a cap. Penisini was seen to be wearing sunglasses.
22 Each of the four weapons recovered this night had been stolen from a security company two weeks earlier. The weapons of the two offenders now before the Court were fully loaded and were not fired during the relevant events. Nor was that of Mottekiaa Taufahema.
23 It was the possession of one of these handguns by Lagi, which gave rise to the firearm offence to which he pleaded guilty. The offences concerning the vehicle of Ms Kassis, and the use of a firearm, to which each of Penisini and John Taufahema pleaded guilty, related to the events which I have outlined as having occurred in the vicinity of the speed hump in Rhodes Street.
24 The offence of using an offensive weapon, in company, with intent to prevent lawful apprehension, to which John Taufahema pleaded, related to his presentation of a weapon, at Constables Day and Kolosque, in the park, associated with the threats which he made at that time.
25 John Taufahema was convicted of murder upon the basis either of being an aider or abettor of Penisini, in relation to the offence of felony murder, or as party to a joint enterprise with the other occupants of the green Commodore, for the use, by one of them, of a weapon with intent to prevent their lawful apprehension, having in contemplation, on his part, the possibility of the weapon being used intentionally in a way that would result in the death of, or grievous bodily harm to, Senior Constable McEnallay. Each alternative was left to the jury, and although there is little to differentiate between them in terms of objective gravity, I would regard the aider and abettor alternative as marginally more serious, so far as it would involve the provision of assistance or encouragement, with the knowledge that Penisini was intending to shoot at Senior Constable McEnallay with the intention of hitting him.
26 Finally, the alternative to the count of murder, of which Meli Lagi was found guilty, namely the use of an offensive weapon, in company with John Taufahema, with intent to prevent their lawful apprehension, related to his participation, either as an aider and abettor, or as a party to a joint enterprise with the occupants of the green Commodore for the use of a weapon by its presentation, in either case with the intention of avoiding lawful arrest by Senior Constable McEnallay, but without any contemplation of it being used in a way that might result in death or grievous bodily harm, or knowledge that it would be fired at such officer.
27 The maximum available sentences for the offences for which sentences are to be imposed are as follows: