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An ex-Mongrel Mob member was lying on his bed when two Black Power associates entered his flat and he was smashed in the head with a truncheon over an alleged $25 cannabis debt.

The victim was adamant he did not owe the men money and said the attack had broken a “truce” between the gangs.

But the issue before the New Plymouth District Court yesterday was not the alleged drug deal; it was whether Black Power member Bronson Waitere, 35, was also responsible for the attack on the man.

Waitere’s brother, Tremaine Hayes, has already admitted his involvement and been jailed for three years on charges of burglary with a weapon, wounding with intent to injure, and threatening to cause grievous bodily harm to the victim.

However, Waitere, who has the gang’s fists tattooed on each of his cheeks, opted to defend charges of committing burglary with a weapon and wounding with intent to injure in a judge-alone trial before Judge Gregory Hikaka.

At the trial, the victim, an older man with faded facial tattoos, told Crown prosecutor Holly Bullock that the attack happened on October 17 last year.

He said a homeless person had been at his New Plymouth flat, showering and washing clothes.

When that person left, he left the door to the flat open.

Bronson Waitere's judge-alone trial was heard in the New Plymouth District Court on Tuesday. Photo / Tara Shaskey

The victim said he was lying on his bed in his bedroom when, shortly after, Hayes entered his home, followed by Waitere.

He heard one of them yell “Yoza” and claimed Waitere pulled a truncheon out of his pocket and handed it to Hayes.

“Lethal weapon if you know how to use it, and I know he knew how to use it because he made blood go all over my bed,” said the victim, who is related to Hayes.

He said both of the men had “rushed” him and Hayes proceeded to hit him over the head at least two times with the weapon.

They left with his cellphone and bank card, he said.

Moving away from the prosecutor’s line of questioning, the victim said his jacket and hoodie had also been unzipped during the ordeal.

He suggested it was done to check whether he was wearing red, the Mongrel Mob’s colour, which he said he was not.

“They broke a truce. Black Power had a truce with us,” he said. “Blood spilling blood.”

Defence lawyer Julian Hannam suggested when cross-examining the victim that he owed the men $25 for cannabis.

He denied this and said he would not buy cannabis from the Black Power.

Following the attack, the victim, who suffered a gash to his face, went to the police station to report the incident and was then taken to the hospital.

He later identified Waitere and Hayes as the men invovled, and Hayes as the person who hit him.

In Waitere’s evidence, he said he and Hayes had arrived at the block of flats that day to collect drug money from the victim’s neighbour.

He said he was outside when he heard “banging and scuffling” noises coming from the victim’s flat and, suspecting his brother was inside, he went in to check.

Waitere said he saw Hayes standing over the man and immediately told him to stop what he was doing.

“Bro what the f*** are you up to … get the f*** out of here," he said he told his brother.

Waitere said he then left the house and went to his car, and Hayes followed a couple of minutes later.

They argued in the car about what had happened, he said.

Waitere maintained he knew nothing about a truncheon and had not laid a finger on the victim.

He said he and his brother had not discussed going into the man’s flat.

Waitere did not know why the victim had raised the gang issue in evidence, saying the victim, whom he knew, had not been a Mongrel Mob member for a while and did not have any gang regalia.

He also said he felt “quite sad” that the victim had been attacked and wished he had been able to intervene sooner.

After considering the evidence, Judge Hikaka noted the victim and Waitere agreed Waitere was the second person to enter the property and the first to leave.

The point of difference was whether he removed the truncheon from his pocket and handed it to Hayes.

Judge Hikaka was satisfied that the victim’s evidence was more reliable and consistent than Waitere’s.

As a result, he ruled Waitere was also responsible for the attack and found him guilty on both charges.

He will be sentenced on October 17.

Tara Shaskey joined ��һ�ǿ����� in 2022 and is currently an assistant editor and reporter for the Open Justice team. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.