Defence points to lack of forensic links

 

A jury has been told to consider the lack of forensic evidence linking Matthew Joshua Mulvey to Crown allegations of kidnapping and bashing a rival gang member.

Defence counsel Tony Garrett said the evidence of the bashing victim, Dawson Reihana, was that Mulvey had invited him to an address in Ajax Street, Shirley, on August 8, 2015, and then attacked him.

The Crown says Mulvey was heavily involved in the 16-hour incident before Reihana escaped from an address in Cashmere next morning. The Crown alleges the incident involved a group of Mongrel Mob Aotearoa kidnapping and bashing a member of the Mongrel Mob Notorious chapter.

Mr Garrett said Reihana had given evidence that Mulvey, 35, would have been covered in blood after the incident.

Opening his defence case, he suggested that after hearing the Crown evidence, the jury would be trying to find some other evidence that supported what the victim had said.

“In relation to Matthew Mulvey, the Crown witness said he was covered in blood, but there is not one bit of forensic evidence that applies to him. There is no blood. There are no fingerprints, and that is significant.”

Mr Garrett called two witnesses for Mulvey, including a family member who told of him being at home at her address on bail – where he was required to be – during the night when much of the incident took place.

For Leon Delshannon Turner, defence counsel Moana Cole said Reihana had admitted that he exaggerated his account of what Turner had done to him. If Reihana had been struck with hammers in the way he said, he would have had more serious head injuries.

Evidence was called that Turner had attended a dinner at a house in Phillipstown with family and friends before 6.30pm and left about 9.30pm on the night of the incident – times when the Crown case placed him at the Bowenvale Avenue address.

Today is the sixth day of the trial before Justice Cameron Mander and a jury in the High Court at Christchurch. The Crown finished presentation of its case today and the defence counsel began presenting the cases for their clients.

Before the court, after pleading not guilty to all charges, are Mulvey, Turner, 41, a builder, Peter Damian Gilbert, 46, a concrete worker, August Keefe, 57, Mathew James Rowe, 41, a bricklayer, Jason Phillip Reweti, 35, a fibre optic technician, and Dylan Raymond Shannon Corbin, 27.

All are charged with kidnapping Reihana. Mulvey, Turner, and Gilbert are charged with wounding him with intent to cause grievous bodily harm. All except Keefe are charged with injuring him with intent to cause grievous bodily harm.

Afternoon update: Defence counsel Rupert Glover, for Gilbert, said Gilbert had been involved in activities all day on the Saturday of the incident and evidence would be called to account for his movements from 9am to 10.30pm. Five witnesses would be called.

He said Reihana had been asked about the alibi evidence that would be called for Gilbert. He had replied: “If you can prove he wasn’t there, he wasn’t there.” He had also been phoned later by Gilbert’s son – a conversation which was recorded and played to the trial – in which he had admitted that Gilbert was not there and he had not seen him for 10 years.

Margaret Sewell, for Rowe, called evidence from Leia Smyth, his partner that they had only been in Christchurch about two months in August 2015. He had not previously been involved with the Mongrel Mob before coming to Christchurch, and only get involved for socialising. On the night of the incident, she had dropped him off, intoxicated, at the Bowenvale Avenue address about 9pm.

Tim Fournier, counsel for Corbin, called evidence from Corbin’s partner, Sarah Foley, who told of them spending time together using poker machines at pubs on the day of the incident, and they were at home in the evening when a text and phone call arrived and he went out.

He had been asked to pick someone up and take them to Bowenvale after 11pm. The actions were inconsistent with a man who knew he was to be involved in a serious assault at that address, Mr Fournier said.

The trial is continuing.

Tags: grievous bodily harm, kidnap, Mongrel Mob

Category: News