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The “right hand man” of a violent Nomads gang executor has been convicted of manslaughter for his role in the fatal stabbing of a Christchurch father.
A Christchurch Supreme Court jury found 32-year-old Justin Richard Burke guilty of an alternate count of involuntary manslaughter for his role in the murder of Shayne Heappey on December 8, 2018. He was found not guilty of one count of murder.
Webber, the enforcer for the Nomads gang in Christchurch, stabbed Heappey at least 14 times at a home in Russley.
Heappey was to be punished for a perceived debt of $ 300 and for ignoring repeated requests to return a car he had borrowed and pay off the debt.
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JOHN KIRK-ANDERSON / Stuff
Justin Richard Burke during his jury trial in Christchurch Superior Court.
Although Webber admitted to carrying out the stabbing, Burke was found guilty on Friday of manslaughter after taking Heappey to Russley’s home where the stabbing took place.
Nomads gang chairman Randall Clinton Waho believed Heappey owed his daughter-in-law, Leonie Sherie Cook, money and had not returned a car he had borrowed.
The Crown said that two days before Heappey’s death, Waho gave other gang members Heappey’s cell phone number and an incentive to find him regarding the debt.
After the stabbing, the seriously injured Heappey was put in the back seat of a car and Cook took him to Christchurch Hospital. Medical personnel pulled him out of the car, after which Cook tried to flee the parking lot but collided with a parked car.
Heappey died shortly after.
In August, Webber pleaded guilty to Heappey’s murder, but Burke upheld his plea of not guilty.
Gang loyalty
The jury heard that Burke was dating Cook at the time and hoped to become a patched member of the Nomads gang. He hoped to prove his loyalty to himself and his loyalty to the gang by helping Webber give Heappey his punishment.
Burke’s defense was that he did not know that Webber had a knife with him or that he planned to seriously injure Heappey. He said Waho’s instructions were to punish Heappey, not to kill himself.
Joe Johnson / Stuff
Matthew Winara Webber has been sentenced to life in prison for the murder of Shayne George Heappey on December 8, 2018.
Burke claimed he was inside the house while Webber stabbed Heappey outside, and because it was dark and the curtains were closed, he couldn’t see what was happening outside.
Defense attorney James Rapley QC said there was no evidence Burke knew that Webber was violent and volatile, or that he would stab Heappey. He said the Crown was asking the jury to infer or “guess” that Burke knew that Webber had a knife, but there was no evidence to prove it.
Rapley said it was impossible to really know what happened outside and Burke’s mere presence in the house is not evidence of murder.
He asked why Cook, Sim and Waho were charged with lesser charges for their role in Heappey’s murder, but Burke was charged with murder even though there was “no evidence” to prove beyond a reasonable doubt that Burke had predicted what was going to happen.
Supplied
Nomadic gang associate Shayne Heappey was stabbed 14 times in December 2018 and died at Christchurch Hospital.
Evidence presented by the Crown in court showed that Burke and Webber were present at a meeting hours before the stabbing and Webber received three knives.
Burke and Webber spent most of the time prior to Heappey’s murder together and Burke was responsible for bringing Heappey to the Russley home.
Crown prosecutor Claire Boshier said Burke’s claim that he did not know Webber had a knife with him makes no sense, as he was there when Webber received the knives just hours before the stabbing.
He said evidence provided by a pathologist showed that this was not a fist fight that escalated, it was just a knife fight.
“You don’t fix yourself if you stay indoors,” Boshier said.
“Mr. Burke was there, ready, willing, able to lend a hand if needed. Mr. Webber was the executor, Mr. Burke his right hand man. “
Marine Lourens / Things
Randall Clinton Waho during his sentencing in Christchurch Superior Court for his role in the death of Shayne George Heappey.
He said Burke based his defense on the lie that he was inside the home at the time of the stabbing, but made several contradictory statements to different people before trial.
“You just can’t keep your story clear and you can’t keep your story clear because you’re lying.”
John Kirk-Anderson / Stuff
Richard John Sim during his sentencing in Christchurch Superior Court.
A group murder
Five people have been convicted for their role in the murder of Shayne Heappey.
- Matthew Winara Webber, the executor of the Nomads gang, was convicted of murder and sentenced to life in prison with a 15-year non-parole period.
- Leonie Sherie Cook, the stepdaughter of a leading figure in the Nomads gang, was convicted for her role in the violent incident, as well as for methamphetamine trafficking and sentenced to four years and three months behind bars.
- Randall Clinton Waho, a leading figure in the Nomads gang who is sometimes referred to as president, was sentenced to three years and three months in prison for wounding with intent to cause serious bodily harm. His sentence was reduced to two years and 11 months on appeal.
- Richard John Sim, a patched member of the Nomads gang, is serving a two-year, three-month sentence on the charge of causing serious bodily injury with intent to injure.
