Hamiora Pere - Trial and Execution

Trial and Execution

When Pere himself began his trial, the murder charges were dropped, leaving only the charge of treason. Pere's defence focused on three primary claims:

• That Pere had been conscripted into Te Kooti's army by force.
• That even if Pere hadn't been conscripted, the cause he saw himself as fighting for (resisting the encroachment of those who were stealing his land) was just.
• That Pere did not realise that Britain regarded itself as sovereign over New Zealand, and that he therefore did not understand himself to be committing treason.

Pere was supported in his trial by Maata Te Owai, one of Te Kooti's wives. Te Owai testified that Pere had not joined Te Kooti's forces willingly. Other evidence indicated that Pere had been present when several murders of colonists took place, although no uncorroborated evidence was presented that Pere had actually committed or condoned the crime. (Oddly, this evidence better fits the charge of murder than the charge of treason, but it was the charge of murder that was abandoned.) In the end, Pere was found guilty of treason. The judge deferred Pere's sentence for a time, but eventually ordered the same punishment as for the others.

Wi Tamararo had committed suicide two days after being sentenced, leaving only four of the convicted alive. Later, on 13 October, the Governor chose to commute the sentence of Hetariki Te Oikau to life imprisonment. On 2 November, a surprise decision also commuted the sentences of Matene Te Karo and Rewi Tamanui Totitoti. This left Pere as the only person facing execution. Addressing Pere's case directly, the Executive Council claimed that Pere's participation in the war had been voluntary, and accused him of active involvement in murders of colonists. It also said that Pere, unlike some others, had no tribal allegiances which compelled him to participate.

Pere was hanged in Wellington on 16 November 1869. He is the only New Zealander ever to be executed on charges of treason, with all other executees having been convicted of murder. As capital punishment in New Zealand is no longer in effect, he will retain this distinction permanently.