Murder trial judge warns spectators about behaviour
A judge has issued a behaviour warning to members of the two “camps” among the spectators at the trial of three men charged with murder over a bashing at Christchurch Men’s Prison last year.
Justice Gerald Nation made his comments in the High Court at Christchurch after jury members expressed concern about witnessing an altercation among the spectators during the lunch adjournment.
The trial is in its sixth day and the public seating has been almost full all the time.
Steven Betham, 37, Levi Hohepa Reuben, 21, and Akuhatua Tihi, 23, are jointly charged with the murder of Benton Marni Parata who was found bashed in his prison cell and died in hospital five days later.
All deny the murder charge but Tihi’s defence counsel Phil Shamy has indicated his client admits assaulting Parata and would plead guilty to manslaughter.
When the trial began in the afternoon, Justice Nation spoke to the jurors.
He said: “At the end of the break it was brought to my attention that some jurors and some of the counsel also, had to witness some sort of altercation that occurred outside the courtroom between groups of supporters of those involved in this case.
“It was thought that the jury might understandably be concerned about that.
“I just want to say that steps have been taken independently of me to make sure that these people at the back of the court, who are understandably pretty much involved in what is going on here, respect the court process and particularly respect the role that you have.
“Causing that sort of trouble doesn’t do anyone any good at all. Steps have been taken to try to ensure that it doesn’t happen again.”
Steps had been taken to provide jurors with some reassurance that they would not have to deal with that sort of situation again, in a building where there was potential for people to come into contact “when it would be better if they didn’t”.
Justice Nation told jurors: “Your focus must be entirely on the evidence in this case. You can’t allow anything that’s happening amongst those in the back of the court or outside the court to influence your careful consideration of the evidence.”
He then said to those at the back of the court: “If you want this trial to be fair, you need to respect the task that the jury has got. There is no place for making comments or responding to things witnesses are saying.
“It is most important that people in the public gallery sit there quietly and listen to the evidence from people who are working hard to ensure that this trial is fair to everybody – Crown and defence.”
Forensic pathologist Dr Martin Sage said Parata died early on March 31, 2015, of “brain injury that was effectively irrecoverable”. There was external evidence of blunt force injury to his head and face on both sides and front of the head, with extensive fractures to his upper jaw and nose.
He said: “The injuries would be compatible with blows to the face or kicks with unshod feed or soft shoes, or forceful contact with the fixed environment such as floor or walls.”
He said there had been at least seven forceful head impacts, and it was very likely that some impact points represented more than one blow.
He said there was one bruise on the back of the head, and one possibility was that contact with the back of the head forced the head into the wall or floor and causing the facial injuries. The facial injuries could also have been caused by a punch.
The trial is continuing. The Crown completed presentation of its case soon after 4pm, after calling evidence from about 40 witnesses. Defence evidence will be heard on Wednesday.
Category: Focus
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