Judge jails two Whangarei men who continue to ignore court orders

Kersjes, 31, from Dargaville, appeared before Judge Bayley in the Whangarei District Court this week, carrying a list of non-compliance charges dating back to the past year.

In 2023, he was sentenced to community service and supervision for driving under the influence and a domestic violence incident, but by April Kersjes had already served zero hours in prison and was given a warning.

When he appeared in court this week to face the new charges of assault with a blunt instrument and threatening behavior, he had completed only half of the required hours and had also failed to show up for an appointment with his probation officer to review the sentence.

Kersje’s last offense occurred on November 11, 2023, when he became angry with his partner and punched the front door.

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His partner ran outside in fright, to a shared driveway, and climbed over a fence, followed by Kersjes, armed with a broomstick.

When he caught up with her, he pushed her to the ground and attacked her with the broomstick, hitting her on the head and shoulders until the stick broke.

The attack only stopped when a neighbor intervened.

As for the preliminary investigation, defense attorney Julie Young said Kersjes had several reasons why he couldn’t attend his probation appointment, but police prosecutor Stu Wilkes didn’t believe that.

“He could have gone there and said he would be available all day, every day,” Wilkes said.

“The only effort he makes is to keep the wolves at bay.”

Judge Bayley stressed that Kersjes also failed to comply with the rules for electronic monitoring bail. He had committed multiple offences and even decided to transfer without informing the probation service.

Because he did not appear at the hearings, the court could not understand his behavior, while this was crucial for the sentence, the judge said.

Kersjes was sentenced to 10.5 months in prison with permission to request house arrest.

The men hoped to walk out the front door, but instead they were taken to prison. Photo/Imran Ali
The men hoped to walk out the front door, but instead they were taken to prison. Photo/Imran Ali

That same day, Michael Patira, 33, also appeared in court with an incomplete PSR.

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With an extensive three-page criminal record, including his last conviction in 2023, which saw him serve eight months in prison, defense attorney Jarrod Griffith requested an adjournment to obtain a home detention address.

“I have no intention of delaying sentencing,” Judge Bayley said.

Police prosecutor Stu Wilkes said Patira was well versed in the legal process and knew he could go to the probation service at any time and make an appointment.

“If he had seen the train coming across the track, he would have known what the consequences were, but he simply did not intervene,” Wilkes said.

Patira’s latest offence involved an attack on his father-in-law in February this year.

An argument between Patira and his partner led to the victim, who lived next door, intervening and asking Patira to leave.

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But Patira instead shouted at the victim and walked out onto the street. Patira brandished a large kitchen knife, swinging it twice at the victim, narrowly missing his right arm.

The victim pulled his daughter away and ran across the road to get help from a neighbor. Patira was later arrested by police, still in possession of the knife.

Judge Bayley said Patira had unresolved anger issues and that although he attended his PSR appointment, veiled threats were made to the probation officer, which meant the report could not be completed.

The judge was rightly concerned about Patira’s risk of reoffending, but had no report at hand to provide her with more relevant information.

She sentenced him to eight months in prison with permission to apply for house arrest.

Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.

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