Crown says defence framing theory "doesn't wash"

Wed, 02 Dec 2009 8:20p.m.

Suggestions a murder accused had been framed for the murder of a 14-year-old drug dealer "don't wash", a crown lawyer has told a High Court jury.

Nathan Tuiti Reo Mutunga Williams' lawyers have argued that he was not involved in the death of 14-year-old John Hapeta in Weymouth, South Auckland on August 12 last year, and may have been framed.

But crown prosecutor Ross Burns told the jury in the High Court at Auckland today that the only way Williams would have been framed for murder was if several people, his partner and brother-in-law included, were involved in framing him.

"It doesn't wash," Mr Burns said.

Williams, 25, and Daniel Bobby Tumata, 25, both deny murdering 14-year-old marijuana dealer John Hapeta at the family home in Weymouth.

Williams and a 17-year-old male with name suppression also deny a charge of assault with intent to rob. Tumata admitted this charge on Tuesday last week.

Williams' lawyer Marie Dyhrberg told jurors today that his client was not present during the assault and that he had been framed.

Ms Dyhrberg said an associate of the deceased, Nethanial Krishnaiya, had motive to attack the victim and she suggested Mr Krishnaiya was a very unreliable witness at the trial.

However, Mr Burns said that attempts to put Mr Krishnaiya at the scene were "nothing more than a smokescreen".

He said Tumata was guilty of murder as he was a party to an attack on John Hapeta and that he knew that death was a possibility.

The Crown says the victim died after Williams and Tumata, armed with a gun and a hammer, gatecrashed a birthday party at the victim's home.

It says he was killed because he failed to make payments on an airgun bought from another boy, who wanted to be paid in cannabis.

The crown says Williams struck the fatal blow but Tumata was also liable for murder by actively assisting him.

Although the 17-year-old with name suppression was not at the scene, he is accused of encouraging Williams and Tumata to steal cannabis from John Hapeta at his home.

The jury is expected to retire to consider its verdict tomorrow.

NZPA

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