Family demands answers after killer's release hours before mother's 'unimaginable' death

Nearly four years after Christchurch mother Laisa Waka was stabbed to death metres from her home by an enraged mental health patient, a coronial inquest beginning today will examine the decisions and systemic failures that allowed her killer to be in the community on the day of the attack.

A framed photograph of a smiling Waka was placed at the centre of the courtroom today as her family and close friends gathered to hear evidence about the circumstances that led to 37-year-old Zakariye Hussein being released into the community hours before her death.

Among the first reminders of the tragedy at the heart of the inquest was the account of Waka’s son, Eparama, who was just 11 years old when he looked from a window and saw the aftermath of the frenzied attack that claimed his mother’s life.

Laisa Waka was fatally stabbed in Christchurch on June 25, 2022. Photo / NZME

Reading a harrowing statement, he highlighted the enduring impact of a killing that shattered a family and sparked questions about the mental health system’s decisions.

“My life changed forever. I was only 11 years old … waiting patiently … I remember seeing people suddenly rushing around, police gathering. At that moment I did not understand what was happening. I did not realise the person involved was my mother,” he said.

“When I learned the truth, I felt as though my world had collapsed … I could not fully understand how something so terrible could happen. What I did understand was that the person who cared for me every day was gone.

The Tunidau family in the inquest today. Credit: Pool / Nate McKinnon

“From that day onward, I carried a pain that no child should ever carry. The days, weeks, months, and years that followed were some of the darkest years of my life.

“Often, I feel broken … moments when sadness felt so heavy that I didn’t know how to express it. The grief was not something that disappeared after the funeral or after a few months. It stayed with me and became part of my everyday life."

The murder of Laisa Waka

The inquest before Coroner Alexandra Cunninghame opened with a crowded courtroom, where 18 lawyers appeared on behalf of Health NZ and the clinicians and agencies involved in Hussein’s care.

In November 2022, Hussein was sentenced to life in prison after earlier pleading guilty to murdering Waka.

Hussein was an inpatient at Hillmorton Hospital in Christchurch at the time.

Ten years before the murder, he had been jailed for a stabbing rampage, nearly killing a man.

The day Waka died, Hussein was granted community leave from the hospital. He left at about 2.30pm, took a bus to Sockburn and started walking to his family home.

Laisa Waka Tunidau was a beloved mother. Credit: Pool / Nate McKinnon

On the way, he became angry about some issues arising at the hospital.

While walking, he saw a man mowing his lawn and decided to stab him. At his family’s house, he took a steak knife from the kitchen drawer and put it in his pocket.

But as he went outside, he thought it was too close to home and did not want his own family to witness anything.

As he walked down Cheyenne St, he came across Waka walking. She was returning from work and just metres from her family home.

Zakariye Hussein was jailed for life at the High Court in Christchurch. Photo / George Heard

Hussein took out the knife and stabbed her repeatedly around her chest as she tried to protect herself.

He later pleaded guilty to a charge of murder and was sentenced in the High Court at Christchurch.

Coroner Cunninghame later ruled an inquest would be held in a bid to find out what, if anything, could have been done differently and whether Waka’s death was preventable.

Today she opened the inquest with a karakia before welcoming Waka’s family - particularly her husband Nemani Tunidau, their sons Eparama and Epineri and daughter Dontey.

Harrowing family statements read

In his statement, Eparama said he “struggled with feelings of unfairness”.

“I would ask myself why my mother had been taken away from me. I would look at other children with their mothers and wish that I could have those moments - what many people see as simple things became things I had lost,” he said.

“The hardest part has been learning how to grow up without my mum. Very important milestones remind me that she’s not here. She cannot hug me after school; she cannot tell me she is proud of me. She cannot comfort me when I’m upset or encourage me when I am struggling.

“As I approach my 16th birthday, I feel the weight of her absence even more deeply because these are the years when young people most need their mum.”

Eparama said his grief felt like “carrying a war inside of me”.

He said on the outside, he tried to be strong, but on the inside he was battling sadness.

“Her death continues to affect me at every stage of my life, every milestone… is also a reminder of someone who should be there, but is not," he said.

“Losing my mother… changed the way I saw the world. I think about my mum every single day - her memory remains a part of everything I do.

“While time has helped me learn how to carry my grief, it has not removed it. The emptiness remains; that wound is still there. The pain has changed over time, but it has never disappeared.

“There are still days when I wish I could hear her voice, ask her for advice, or receive one more hug… The reality is that I must continue living with this loss for the rest of my life. My mother’s life mattered - she was deeply loved and she is deeply missed. The loss of my mother… has left a space in my heart that can never be filled.”

From left Nemani Tunidau, Eparama Tunidau and Laisa Waka.

Waka’s elder son Epineri was working as a police officer in Fiji when his mother died.

“The last time I saw my mother alive was in 2018 when she visited Fiji. Four years later, she returned not as the loving mother I remembered, but in a coffin,” he said.

“That image is something I will carry with me for the rest of my life.

“The manner in which my mother’s life was taken remains deeply difficult for me to understand and accept. No mother, no parent, and no human being deserves to lose their life in such circumstances.”

Epineri believed his mother’s death was the result of “systemic failures and decision-making processes that did not adequately recognise or manage the risks” Hussein posed.

“That ultimately cost us so much... and we have all had to learn how to live with a loneliness that can never truly be filled,” he said.

Laisa Waka Tunidau was laid to rest. Image / Facebook

“We have tried to move forward, and we continue to do our best to find healing. We have tried to forgive even when the pain feels overwhelming. Yet nothing can replace the love, compassion, wisdom, honesty, and strength that mum brought into our lives.

“The hardest lesson we have been forced to learn is how to continue living without her.

“Nothing can bring my mother back; however, I hope the Court understands the profound and lasting impact her death has had on... our entire family. We do not grieve only for the life that was taken away from her - we grieve for the years we have lost with her, with the memories that we’ll never make and the moments we will never have the chance to share.

“Mum was deeply loved. Her life mattered. Her absence is felt every single day.”

Family ‘tired of not getting answers’

Waka’s daughter Dontey said she was “tired of not getting answers” and hoped Coroner Cunninghame could help the family get the information they desperately needed.

“I understand that Hillmorton Hospital as a whole didn’t commit the crime,” she told the court.

“But had the staff taken the right precautions, Zach wouldn’t have walked off the premises.”

She said it had been “a struggle” trying to adjust to life without her mother.

“Through her we felt love and peace - and she was our home,” she said.

“We’ve suffered so much... and I don’t want anybody else to lose their loved ones simply because somebody neglected and overlooked their duties in taking the right precautions.

The inquest is underway in Christchurch. Photo / George Heard

Nemani Tunidai said the depth of his family’s loss was “beyond words”.

“She was the heart of our family... she brought guidance, strength, and stability into our lives. The pain of losing her remains in me today and will remain with me for the rest of my life,” he said.

“We continually ask why this tragedy occurred and whether it could have been prevented. This question weighs heavily on our hearts.”

Nemani said it was “painful” that “mistakes and systematic failures occurred” and now “accountability is crucial”.

“Acknowledgement of those failures is an important step towards truth, acceptance, healing, and forgiveness,” he said.

“It is our sincere hope that a meaningful lesson can be learned from this tragedy. We hope that [Laisa’s] death becomes a catalyst for positive changes within the system and workplace where Mr Hussein was being cared for.

“We hope improvement in safeguarding practices, risk management and accountability will help prevent another family from experiencing the loss and suffering that we continue to endure.”

Nemani said nothing could restore the years his children have lived without their mother or replace the memories, opportunities and future that were taken from her.

“From us,” he said.

“Nevertheless, I stand before the court, seeking truth, accountability and opportunity for a lesson to be learned. This inquest is not only about what happened to my wife... it’s about leadership, decision-making, and ensuring that those entrusted with the care and safety of others are held accountable for the decisions they make.”

From left Laisa Waka Tuniday, her daughter Dontey, son Eparama and husband Nemani.

Nemani said it was hard to adequately describe the loss of Waka.

“My children did not just lose a mother, they lost a guidance, a comfort, a wisdom, her encouragement and the unconditional love that only the mother can provide,” he said.

“I did not simply lose a wife; I lost my life partner, my closest friend, my confidant, and the person with whom I plan to grow old.

“The loss is permanent. This is the sentence our family continues to serve - every single day.

“One of the hardest realities for us has been coming to understand that Laisa’s death was not simply the result of the tragic event. Evidence has shown that there were opportunities for intervention, opportunities for better decision-making, opportunities for safeguards.”

In his family’s case, the consequence of missed opportunities was fatal.

“A loving mother never returned home for her children. Her life was taken from her husband. Her family was broken forever,” he said.

No findings, recommendation, or acknowledgement can change this reality. However, what can come from this tragedy is a commitment to learning from it.

“The greatest injustice would be if nothing changed.”

Inquest focuses on killer - not victim

Coroner Cunninghame said many people had been impacted by Waka’s death - but none more than her husband and children.

“I offer you my sincerest condolences on the tragic loss of your treasured wife and mother,” she said.

“I know that during an inquest, it can feel to families as if their loved one is lost in technical details or in legal bargaining. I’m also conscious that in this inquest, the focus of the evidence is actually on Mr Hussein and on the clinicians who cared for him.

Coroner Alexandra Cunninghame. Photo / Pool

“And so for this reason, I want to ensure you, her family members, that I will keep Laisa in my mind as we proceed through the evidence.”

Coroner Cunninghame said she “cannot overlook” that Waka’s killer was “burdened by mental illness”.

She noted that he had chosen not to participate in the inquest process.

She also acknowledged the Hillmorton clinicians involved in his care.

“The practice of medicine is difficult, and there are particular challenges which arise in the mental health setting, and I know that for some witnesses being required to attend court for cross-examination has been a daunting prospect,” she said.

“I hope that we can work together to create an atmosphere which is not unduly stressful for those people. I remind everyone that an inquest is about working together. In this courtroom…everyone will treat each other with respect.”

Stephanie Grieve KC is counsel assisting Coroner Cunninghame. She explained the purpose and intent of the inquest and who would be giving evidence about the “unimaginable tragedy”.

“The purpose of an inquest is to investigate the causes and circumstances of the person’s death, make recommendations or comments to prevent future deaths in similar circumstances,” she said.

“The overriding purpose of an inquest is to establish facts rather than to apportion blame - but in some circumstances, the Coroner may comment adversely on the conduct of a person where their actions or inactions appear to have caused or contributed in some way to the death.”

Laisa Waka was on her way home from work when she was murdered. Photo / Supplied

Grieve said the issues for Coroner Cunninghame to determine around the circumstances leading up to Waka’s murder included whether the assessment and management by Health New Zealand of Hussein’s risk to himself and others was “adequate and appropriate”.

She would consider the prescription and management of Hussein’s medication; the “management and consequence” of incidents involving threats or assaults on staff or others and the extent to which these incidents were considered in relation to decisions to grant leave; how his community leave was managed and monitored and whether factors relevant to his risk were adequately and appropriately considered before that leave was approved.

Grieve said the Coroner would also probe “any other factors, which may have impacted on the adequacy of care, management, or risk management or risk assessment” of Hussein, including resourcing issues such as staffing, training and the “experience and expertise of staff involved in his care”.

“And what changes or improvements Health New Zealand has made since 25 June 2022, to ensure the risk to the community posed by patients such as Mr Hussein is better assessed, mitigated or managed - and whether recommendations… should be made for the purpose of reducing the chances of further deaths.”

HNZ ‘apologise’ for ‘deep tragedy’

Te Whatu Ora Health New Zealand’s lawyer Jonathan Coates gave a brief opening address after Waka’s family spoke.

“At the outset, I start first and foremost by acknowledging that Mrs Waka’s death has been such a deep tragedy for her family,” he said.

“Health New Zealand and the Canterbury region’s forensic mental Health Service expressed their sincere condolences to the family and apologise unreservedly that a patient in its care committed the horrendous murder of Mrs Waka - a completely innocent victim.”

Hillmorton Hospital. Photo / NZ Herald

Coates also acknowledged the “extraordinary dignity and grace” of Waka’s family in court as well as the impact the tragedy has had on the killer’s family and the health professionals involved in his care and management.

“Health New Zealand… publicly states its support for its psychiatrists, for its nurses, psychologists and healthcare assistants that were involved in making the decisions about Mr Hussein’s treatment and his leave.

“These were highly experienced and well-qualified health professionals who clearly cared. They were making complex risk assessments in an extremely demanding environment.

“Of course there is regret that Mr Hussein was granted unescorted leave on the 25th of June 2022 - but Health New Zealand says the evidence will show that this is not a case where there have been blase or cavalier health professionals simply ignoring or overlooking the relevant considerations.”

Coates said the “central issue” for Coroner Cuninghame was the “appropriateness of the decision-making” that led to Hussein being granted leave on the day of Waka’s murder.

“Inevitably, the question arises as to whether there has been any treatment failure,” he said.

“Taking into account all the context, [Coroner Cunninghame] will need to consider whether the first were actions that the forensic mental Health Service could have taken and more importantly, should have taken to reduce the risk of what happened - that is, were there things a reasonable forensic mental health service would have done differently and if so... whether any such treatment failures were causative of Mrs Waka’s death.

“Clearly never letting Mr Hussein out of a locked unit would have prevented Mrs Waka’s death on the 25th of June 2022 - but that would have been a dereliction of Health New Zealand’s legal obligations... it’s essential to remind ourselves that this was a healthcare setting, not a prison or a corrections facility; Mr Hussein was a patient, not a prisoner.”

Coates told the court that in the 57 days between Hussein’s leave being authorised and Waka’s death, he left Hillmorton without supervision “on at least 35 occasions”.

“And returned to the unit without incident,” he said.

Witnesses are now being called to give evidence.

The inquest will be held over three weeks in September, November and December.

During that time, more than 20 doctors, psychologists, psychiatrists and nurses who were part of Hussein’s care and the decision to release him into the community will give evidence.

Most of them have interim name suppression.

Anna Leask is a senior journalist who covers Christchurch issues and national crime and justice. She joined the Herald in 2008 and has worked as a journalist for more than 20 years with a particular focus on family and gender-based violence, child abuse, sexual violence and homicides. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on nzherald.co.nz.