Eli Epiha on trial at the Auckland High Court. Photo: RNZ / Nick Monro
The man who shot two Auckland police officers, killing one, has failed to have his jail sentence reduced, with the Court of Appeal saying it was not manifestly excessive and the community needed protection from a violent man.
Eli Bob Sauni Epiha, 26, admitted murdering Constable Matthew Hunt - although maintained it was an unintentional killing - and injuring a member of the public when his car crashed in West Auckland on June 19, 2020.
He was then found guilty of attempting to murder Hunt's partner, Constable David Goldfinch, and was sentenced to a minimum of 27 years behind bars by Justice Geoffrey Venning.
Earlier this month, Epiha appealed his sentence at the Court of Appeal with his lawyer saying it was "disproportionately harsh" and "crushing".
But Auckland Crown Solicitor Brian Dickey told the Court of Appeal Epiha had no motive to fire the shots - "he was just killing".
The Court of Appeal issued its judgement on Wednesday, saying while Epiha will be 52 when he can be assessed for parole, the sentence was not manifestly excessive.
"It is, however, a proportionate response to what was the merciless shooting of two police officers, the taking of a young constable's life and an ongoing reluctance by Mr Epiha to take full responsibility for his actions.
"He is a violent man from whom the community must be protected," the Court of Appeal said.
At the appeal hearing, Epiha's lawyer, Mark Edgar, submitted Justice Venning placed insufficient weight on his client's personal circumstances and placed too much weight on the fact the offending involved killing a police officer, which resulted in a "disproportionately harsh" final sentence.
Edgar said Justice Venning should have placed more weight on the case of Daniel Luff, who was sentenced to 17 years' imprisonment for killing a policeman.
Edgar further submitted because the death of a police officer was not common in New Zealand, there was a lot of pressure on the jury and the judge to have some degree of deterrence.
The lawyer said this was a "crushing sentence" for a relatively young man and insufficient recognition was given to his guilty plea.
Dickey said the sentence was appropriate as it involved killing and attempting to kill two police officers.
Photo: NZ Police / Facebook
The persistent 14 shots fired by Epiha and the hunting of Constable Goldfinch was accepted by Justice Venning as a determined effort to kill the officers, Dickey said.
Dickey said there was no motive to kill the police officers.
"He was just killing...that's what led to Justice Venning to speak of how chilling this was," Dickey submitted.
The two police officers thought they would be assisting an injured person, instead they were shot at.
At the sentencing, Justice Venning said Epiha displayed no concern for anyone but himself that day and it was a cold-blooded and callous killing.
"You engaged in a shooting spree and the police officers were your targets. You could have stopped at any time," Justice Venning said.
On the day of the shootings, Goldfinch and Hunt were parked up conducting routine traffic checks in Massey.
Epiha, who had two guns in his car, was driving towards Ranui. At trial, he said he was on his way to scare gang members away from a member of his whānau, who was being threatened.
His "erratic" driving caught the eye of Goldfinch and Hunt, and he crashed shortly afterwards on Reynella Drive.
He then got out of the car and fired at Goldfinch, who was approaching the vehicle thinking he would be helping an injured person.
The constable was shot four times - twice in the leg, once on his boot, and another in the hip - before managing to hide under a nearby deck.
Hunt was also shot four times - in the chest, back, buttock, and leg - and died at the scene.
At the sentencing, Hunt's mother Diane turned and faced her son's killer saying she will never forgive him.
"My son was murdered by you because of the uniform he so proudly wore that day."
Diane said Epiha's apology during the trial was vacuous and nothing he could ever do could compensate for his actions.
"I sit at home with my son's ashes surrounded by pictures of him, and it's not enough. I'm struggling to see any reason to continue. I don't see the point in life anymore."