An Auckland High Court judge today hit out at the Department of Corrections over a convicted killer's non-appearance for sentencing.
Daniel Bobby Tumata failed to appear alongside Nathan Tuiti Reo Mutunga Williams, 25, for sentencing over the slaying of 14-year-old South Auckland cannabis dealer John Hapeta in 2009.
Williams was in December found guilty of Hapeta's murder and Tumata guilty of his manslaughter.
Justice John Priestley reluctantly adjourned today's sentencing, which he said was "highly unsatisfactory".
He said Corrections had incorrectly informed the court this morning that Williams had a serious back injury and would not be appearing.
It was later discovered that Tumata had the back injury when a doctor's note was faxed to the court, which said he was medically unfit to attend court for the next two days.
Crown prosecutor Ross Burns said he had spoken to the health services manager at Mt Eden Prison this morning who told him there was no reason why Tumata could not come to court.
He added that the victim's parents had travelled from Kaitaia for the sentencing today, which put them under considerable emotional pressure.
Mr Burns pushed for the sentencing to be put back until this afternoon but Shane Tait, defending Tumata, and Marie Dyhrberg, representing Williams, said they would not be available.
Justice Priestley adjourned the sentencing until May 13, and requested a written and signed report from the Department of Corrections.
Hapeta was killed by Williams and Tumata during a birthday party at his family home in Weymouth, south of Auckland last year over a drugs deal gone wrong.
The crown said Williams struck the fatal blow but Tumata actively assisted him.
