Gunner Nikau Minhinnick Gill died while trying to rescue his dog. Photo: Supplied / NZ Army / Corporal Naomi James
- Soldier loses military career
- He was found guilty of strangling and punching a junior in a serious assault
- Fellow attacker loses rank
- Army's drinking culture in the spotlight
An army sergeant has been kicked out of the military for assaulting a junior soldier in a drunken melee at the end of an international operation in Hawaii, while his fellow attacker loses rank.
They were part of a drinking culture under examination at a Court Martial hearing at Linton Military Camp, near Palmerston North this week.
A military panel of senior officers on Friday found Sergeant Leaongo Tanginoa, 35, guilty of strangling and striking Gunner Nikau Minhinnick Gill.
The prosecution said Tanginoa overreacted to a drunk and insubordinate Gill abusing him about perceived grievances, dishing out "barrack room justice".
Tanginoa had already pleaded guilty to a charge of striking a soldier of lower rank, and was found not guilty on one further charge of striking and two of kicking Gill.
Judge Mina Wharepouri and the panel sentenced Tanginoa to dismissal and six months' detention.
Photo: RNZ / Jimmy Ellingham
Bombardier Gus Nove, 26, was also found guilty on one charge each of striking and kicking Gill, and not guilty on one charge each of striking, kicking and threatening him if he told anyone what happened at Schofield Barracks in the early hours of 25 November, 2023.
Nove was sentenced to 35 days detention and a loss in rank to lance bombardier.
Gill died in November last year in an unrelated incident when the then-21-year-old drowned in the Manawatū River trying to rescue his dog.
The court martial heard Tanginoa tried to calm Gill when he was causing a nuisance in barracks, but when his efforts were rebuffed he and Nove attacked the young soldier.
Gill lost consciousness twice, once when Tanginoa strangled him and once when he was punched.
The fracas happened during a night when soldiers were drinking at their Hawaii base to mark the end of a training exercise.
Judge Wharepouri said the soldiers left to drink in the Hawaiian camp were inadequately supervised.
"This needs to be address by the armed forces, in particular the army, to avoid that type of event occurring again."
Concerns about Gill's behaviour were fair, but he did not deserve the beating he received, Judge Wharepouri said.
"It's the wish of this Court Martial to convey to everyone present and those who will read these comments in the future that irrespective of how the complainant behaved on the night, amounting to insubordination, rough justice, or what's been described as barrack room justice, will not be tolerated in the army or any service, even if it was at some previous time."
The judge said the offending was made worse because of the attack on Gill's head and the neck, its "prolonged and sustained violence", and Tanginoa and Nove's abuse of rank.
Tanginoa's struggle with alcohol problems
Tanginoa's defence lawyer Steve Winter said Tanginoa accepted his military career was over.
His service, which included stints in East Timor, Iraq, had "regrettable lapses".
"There's a common theme in that and that's drinking."
As Winter saw in his work in the district court, alcohol unlocked personality problems.
"Had Sergeant Tanginoa not had a career in the military it's not difficult to see a substantially different path he might have travelled."
Winter said Tanginoa told him he "made good" with Gill on their return to New Zealand in late 2023, highlighting the "enigma" of a man who, when sober, was able to reflect.
Tanginoa's commanding officer, Lieutenant Colonel Brent Morris, said he was hardworking and competent, especially since the Hawaii incident, but prone to lapses in discipline.
Tanginoa had been on retention reviews in 2008 and 2011, and received written warnings in 2011 and 2022.
"Interwoven throughout all instances has been themes of alcohol and substance misuse, and violence."
The prosecution said Tanginoa had three previous military convictions, relating to drinking alcohol in barracks when ordered not to.
Nove's defence lawyer Matthew Hague also raised issues about drinking in the military.
The drinking at the Hawaiian base on the night in question could have been better handled by Defence Force personnel and management, he said.
Hague said he was not blaming alcohol nor Gill's drunken state for what happened, but told the military panel, before it debated sentencing: "You might feel that Nove and Tanginoa were left unsupported that evening."
Nove's commanding officer in the youth development unit, Major Sheridan Cooper, gave a glowing reference of Nove's work.
But, Cooper acknowledged Nove could not continue in that unit after the guilty verdicts.
Away from court a statement from deputy chief of army, Brigadier Hamish Gibbons, said the military expected a high standard of behaviour from soldiers, whether they served at home or abroad.
"The NZ Army remain committed to continually enhancing its organisational culture and to maintaining a safe and respectful environment to all of our people."
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