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Paula McCutcheon - Source: ONE News -
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Emotions ran high at the Napier High Court as the killer of father of three Mark McCutcheon, Hulio Ataria, was sentenced to life in prison.
In court McCutcheon's widow described how the actions of Mongrel Mob prospect Ataria have ruined her life.
Paula McCutcheon was not afraid to look her husband's killer in the eye as she spoke of her loss.
"To get my children to school we have to walk past the paddock Mark came to rest in, and the pub he was stabbed to death outside - all of this simply to try and get my children to school. Every day it's like a knife being twisted in our hearts," she says.
Ataria stabbed McCutcheon three times during a fight outside a Central Hawke's Bay pub in January last year. He was sentenced to life imprisonment with a minimum non-parole period of 11-and-a-half years.
McCutcheon had tried to stop a patched gang member from beating his girlfriend. Stabbed in the heart, the 34-year-old bled to death during an attempt to drive home.
Ataria claimed at trial he had acted in self-defence, but a jury found him guilty of murder after deliberating for four hours.
Paula McCutcheon told the court of the devastation Ataria had brought to her life.
"Mark, a loving husband, awesome father to his three girls, adored son, brother, loved uncle, respected son-in-law, loyal mate, respected member of the community and successful businessman - murdered.
"All of Mark's clothes and shoes are still in the wardrobe, his toothbrush is still in the bathroom, his ashes sit at the end of my bed as that is the only way he is still here with us," she said in her victim impact statement.
She said it had been awful telling her daughters their father was dead.
"How do you explain to a happy seven- and four-year-old that their daddy that they love and adore had been killed by another man, without using words that would scare them and give them nightmares for the rest of their lives," Paula told the court.
Her husband's death also meant the loss of the family's income. He had run a successful agricultural contracting business.
"Without Mark, there was no longer Mark McCutcheon Ag and Silage, no longer did his business have the knowledge, strength or personality it needed to operate. Along with Mark, our family business and our means of living was taken. The contracting was our life and provided us with income.
"The day I had to auction Mark's business it felt like Mark was being taken away from us all over again. He loved his tractors, he gave them all their own personalities and he had a great deal of respect for them. Watching Mark's babies driving down the road wrenched at what was left of my heart."
Sitting in the public gallery while Paula spoke, Ataria's mother called out claiming Mark was a drunk and a bully before guards eventually threatened to kick her out.
Once outside though she let rip.
"I don't give a f*** about her pre-written f****** statement, no I don't, it's all bull****... if the hero hadn't of pulled the gun this s*** wouldn't have happened," she says.
Sentencing Ataria, Justice Alan Mackenzie noted he had 21 previous convictions since 2002, including two for violence.
Aggravating features of the attack were that Ataria was carrying a knife in the first place, whether or not he intended to use it for killing sheep or anything else.
"Your use of it in this situation has had a fatal consequence."
Another aggravating factor was that Ataria, who had had "an association" with the Mongrel Mob for most of his life, was a gang prospect.
"Your involvement came about because of your position as a gang prospect," Justice Mackenzie said.
"Your risk of re-offending is high, and you have not expressed a great deal of remorse."
Twenty-three-year-old Ataria will now not be eligiable for parole until 2022.
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