NSW: Man appealing severity of his sentence for policeman murder

AAP General News (Australia)
02-01-2007
NSW: Man appealing severity of his sentence for policeman murder

A man convicted of murdering Sydney policeman GLENN MCENALLAY .. despite not firing
the fatal shot .. is appealing the severity of his sentence.

In September 2003 JOHN TAUFAHEMA was found guilty of murdering Senior Constable MCENALLAY
.. who was shot after pursuing a stolen car at Hillsdale .. in Sydney's south-east ..

in March 2002.

JOHN TAUFAHEMA pleaded guilty to using an offensive weapon to prevent lawful apprehension
.. attempted carjacking and unauthorised use of a firearm.

But he was also found guilty of murder because it was agrued he'd been involved in
a joint criminal enterprise.

He was sentenced to 24 years' jail with a non-parole period of 17 years.

In the Criminal Court of Appeal his barrister .. TIMOTHY GAME .. has argued TAUFAHEMA
couldn't have been part of a joint criminal enterprise because he couldn't have foreseen
the policeman might be killed during the incident.

He says his client ran away before the gunman even pulled the trigger.

But Crown Prosecutor DAVID FREARSON has described the killing as a deliberate and vicious
shooting murder .. and says the judge's directions to the jury over the matter were appropriate.

Justices PETER MCCLELLAN .. CAROLYN SIMPSON and DEREK PRICE reserved their decision.







Also in the car .. which was being driven by TAUFAHEMA's brother MOTEKIAI .. were SIONE
PENISINI and MELI LAGI and four loaded stolen guns.

The men tried to evade Constable MCENALLAY .. but when the car struck a gutter and
stopped .. PENISINI got out and fired at the 26-year-old policeman.

He was hit four times and died in hospital from head and chest wounds.

MOTEKIAI TAUFAHEMA was convicted of murder but successfully appealed his conviction.

AAP RTV acb/was/els/bart

KEYWORD: TAUFAHEMA (SYDNEY)

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