The testimony of two cousins who attacked three men during a road rage incident, killing one, was full of “exaggeration” and “outright fabrication”, a judge says.

Frank and Benjamin Sweeney today appeared for sentencing in the High Court at Hamilton after they were convicted at trial for the attack outside the Mobil petrol station in Ōtorohanga on October 2, 2021.

Father-of-six Anthony Bell of Te Kūiti died after the fight, which also involved his brothers Ethan and Victor Tumai.

The occupants of the two vehicles had come across each other as they both drove south from Te Awamutu to Ōtorohanga early that evening.

What exactly happened was a matter of contention at trial, but Justice Mathew Downs said he had no doubt the Sweeneys were the initial aggressors, tailgating Bell’s vehicle and then passing it.

One motorist saw someone in the Sweeney vehicle make Mongrel Mob hand gestures.

However, Justice Downs said he also had no doubt that those in Bell’s vehicle returned the aggression and by the time they all arrived in Ōtorohanga, “everyone wanted to fight”.

It was 6.15pm, and the Sweeney’s black ute pulled up outside the Mobil. Bell’s white ute, caught on the same CCTV footage, also stopped.

The Sweeney cousins and a third occupant rushed Bell’s car as the three brothers got out, with Benjamin initially holding a beer bottle.

Bell had a hammer but he dropped it and bent over. As he did, Benjamin, 32, punched him to the head twice, knocking him to the ground, then punched and kicked him again in the head.

As he went to get up, Benjamin stomped on his head.

He then ran to Victor Tumai, hitting him in the back with the hammer. After that attack he ran back to Bell and to Tumai, and again hit him in the back.

Frank, 40, squared off with Ethan Tumai, who was holding a small screwdriver.

Ethan ran away as Frank gave chase before he returned to Bell, who by this stage had managed to get back to his feet on the forecourt of the Maniapoto St petrol station.

Benjamin Sweeney, left, and Frank Sweeney in the High Court at Hamilton this morning. Photo / Belinda Feek

Frank then delivered a “powerful blow” to the 153kg man.

“I cannot stress enough its forcefulness. It knocked Mr Bell backward onto the ground,” the judge said.

“He died due to a brain injury caused by the assault.”

The Sweeneys testified they were “terrified” of the victim and his brothers, and claimed they were acting in self-defence.

But Justice Downs disagreed.

“Much of your testimony was exaggeration or outright fabrication. I have no doubt that both of you wanted to fight the victims just as they, initially at least, wanted to fight you.”

Most of the fight - apart from the fatal blow - was caught on CCTV. A jury found Frank guilty of manslaughter and Benjamin guilty of charges of assault with a weapon and assault with intent to injure.

‘Anthony’s gone’

Members of Bell’s family had their victim impact statements read to the court, including his parents.

Joan Bell said her son’s death continued to affect the whānau in ways that could not be described.

She still remembered the moment of being told the news at home, by her youngest son saying, “Mum, we have to go, Ants has been hit on the head and he might not make it”.

They raced to the scene, and saw sirens and police everywhere, before being told by her daughter: “Anthony’s gone”.

“I said, ‘What do you mean he’s gone’... a piece of me died in that moment. I will never be the same again.”

Bell’s father Dean Tumai said they were so proud of their son who had grown into a “capable young man and pillar of the community”.

Anthony Takrouna Bell, 34, of Te Kūiti with his partner and children. Bell died during a road rage fight in Ōtorohanga.

It was also tough not being able to hold a proper tangi due to Covid-19 restrictions with just 15 people allowed to see his body at one time.

Now they never drove past the scene of his death.

“How could we bear to see that place, to see the place where his life was taken for nothing more than a road rage incident.”

Tumai said his son had achieved so much in his 34 years, “but he had so much more to look forward to”.

Ethan Tumai said seeing his brother lying on the ground not breathing was “the most traumatic thing I have ever experienced”.

That was compounded by having to tell whānau what happened and see their hearts break, which then increased his own suffering.

“My brother was taken from our whānau in such a tragic and senseless way. It’s changed us all forever.”

He recalled growing up together playing on motorbikes, fishing, and socialising together.

“We truly enjoyed each other’s company. I looked up to my brother, Anthony. He was a great mentor and supporter when things were difficult.”

‘There was an element of provocation’

Frank Sweeney’s counsel, Devon Kemp, said his client accepted causing the death of Bell, was remorseful, and had shown insight into what happened.

He had breached his electronically monitored bail twice but they could be seen as “minor deviations”.

As for the offending, he said there was an element of provocation but declined to elaborate, due to the “sensitivity” of the matter.

“Provocation was real... and that is why Frank Sweeney committed the act,” which was spontaneous, Kemp said.

Nick Chisnall, on behalf of Benjamin, urged Justice Downs to hand down a sentence of home detention, despite the “pessimistically presented” probation report.

His client had genuine remorse and insight into his actions and was keen to take part in rehabilitative courses, which he denied was Benjamin “just ticking” a box.

The death of his partner and children’s mother, in a car crash in 2019, meant he was the sole caregiver of his two children. They were currently being cared for by grandparents.

As for suggestions of Benjamin fighting while on remand in Hawke’s Bay Prison, Chisnall said it was known that those with gang affiliations have issues in that institution and that Benjamin was not “an instigator [of] violence”.

‘Continued propensity for violence’

Justice Downs told Benjamin that even if his end jail term did come into the range of home detention - two years - he would not have imposed that given his continued propensity for violence.

He had been involved in fights while on remand in prison and had previous violence convictions.

He’d also attacked Bell to the head and while defenceless. He also used a weapon against Victor Tumai.

Frank’s punch was so powerful it knocked Bell over.

“Your violence was gratuitous. I say this because the fight was essentially over by this stage. Mr Bell posed no one any danger and was not trying to fight anybody.

“He was just standing there dazed; you could have left. You did not.”

The judge said he was sure that Frank meant to cause Bell bodily harm, given the strength of the blow.

Justice Downs jailed Frank Sweeney for four years on one charge of manslaughter, while Benjamin Sweeney was imprisoned for two years and two months on charges of assault with a weapon and assault with intent to injure.