The Courts Five men committed for trial

Press, 29 September 1979, Page 4

The Courts Five men committed for trial

Five accused were yesterday remtHided in custody to. the Supreme Court for trial on a charge' of murdering Peter Waaka Rongotai Haimona in a house at 7 Bayley Place, Spreydon, on July 13, • The committal was made after a hearing in the Magistrate’s Court, lasting five days'in which deposition's of j 36 prosecution witnesses were given. Much-' of •>. the final day’s evidence related to interviews of the. accused, and ■ statements taken from.them. I the accused are: Matthew . Morgan King, aged 20, a (labourer L. M. O’Reilly), | Wayne Edward Gush, aged 123, a fitter-welder (Mr K. N. (Hampton); Anthony Joseph 'Johnston, aged 22.-' a’ laminator (Mr P. G. S-. Penlington, Q.C.); Russell James Pirip, aged 24. an unemployed artist (Mr R. L. Kerr) and Raymond Barry Bradley, aged 19, a moulder (Mr M, J. Glue). Mr B. McClelland and Mr B. M. Stanaway appear for the Crown.

Mr D, B. Pain, S.M., is on the Bench.

Detective G. D. Byrnes said he found a jacket with eight ,22-calibre bullets when he visited 19 Cuba Street with other detectives on the morning of the shooting.

He gave evidence of interviewing Bradley, who said he had been visiting a friend until late on Thursday evening, July 12.

He had just left this place in Cuba Street when Johnston and Gush came over. Gush asked him if he would like to take them somewhere.

Bradley told them he was low on fuel but Gush brought over a tin. Johnston said he knew where the people lived where they were to drive to. Gush said one of the men had knocked him off his motor-cycle, and they had also thrown Molotov cocktails. The first he saw of any weapons was when Gush brought over the petrol. King had a rifle. Gush a piece of wood and chain.

When he drove them to an area near Lincoln Road, King took the rifle, Gush the wood and chain, and Johnston placed something down his trousers.

They returned running 10 to 15 minutes later, jumped into the van and told him to take off. in a statement made to Detective Byrnes. Bradley allegedly said that he had

been told by Gush to stay with ’ the van while they were away. He heard no ‘Shooting’ or breaking glass. .While they were being driven away the men laughed and' talked about how they had “’wasted” this guy, the statement said. “King was the one 'who was, talking about shooting the guy. He said they had ‘wasted’ him. I thought they had given him a hiding: “They talked and laughed about how they shot this guy. Johnston said something about Gush having got his revenge,” the statement continued. It continued that' -, when Bradley saw the men getting into the van with weapons he- thought they Were ging to' the Hills’ residence “*to give him a Scare.” . ' He did not. mind taking them there for that purpose but “did not think anyone was going to get shot.” He had not seen any bullets. He had never met the Hill brothers. i

Told he was being arrested as an accessory to the murder of Mr Haimona. Bradley said he did not murder him. Detective Bvrnes said.

Detective Constable K. W.

Kortegast gave evidence of! searching the house where! Johnston lived at 16 Cubai Street. A baseball bat was' found under a mattress and

(a starting pistol with four spent rounds in the chamber, was found inside a record cover in a radiogram. A bush shirt was found with a live ,22-calibre bullet. Johnston pointed out areas of the garden, where the detective dug up an air pistol, a .22-calibre rifle with telescopic sight, shotgun, and machete. An air rifle was found in a garden shed. Johnston had said: “Sorry, I think it’s still loaded,” when pointing to where the shotgun was buried. Detective-Sergeant G. A. McFadyen said he visited Johnston’s house at 16 Cuba Street, during inquiries into Mr Haimona’s death. Johnston said be had nothing to do with the shootup. He knew Gush and King, who lived opposite. Detective B. T. Bateman said that when interviewed, Gush denied any involvement in the shooting and said that was “a bit out of our class,”

and he would not even hurt an animal, let alone people. However, he later admitted involvement in the incident and told the detective it all started with bottles

being thrown through their

| windows. | A molotov cocktail was (also thrown at their house. Rocky Hill had also been I in arguments with him and the man (Mr Haimona) stay-

ing at Rocky Hill’s place stuck a rifle in his chest on one occasion.

Another brick was then thrown through their window.

Gush said they decided to do something about - it and borrowed “this guy’s” van and went to Bayley Place. “I only wanted to scare him and get money from him.”

He said they wanted money to pay for the windows that had been broken. In a statement he said they went to the house intending to settle for $5O for the windows which had been broken. -Y

When they entered the house “the Maori” grabbed 1 Gush’s shotgun. Pirie hit him with a baseball bat. He never heard any shots. The reason they had gone to the house was to scare them and seek money for the broken windows, and to tell them not to come around again.

Mr Glue submitted that no reasonably-m ind e d jury would convict Bradley on the evidence produced by the police during the five-day hearing and he invited the Magistrate to discharge his client. Bradley, he said, was the driver and no more than that.

Mr Glue said his client could not be held a party to

the murder of Mr Haimona and the Court would not be justified on the evidence given of finding that he formed a common intention with others to commit the offence. It was manifest from the evidence and the crossexamination that Bradley was not closely connected with the others and that he had no part in the quarrel the others had with the Hill faction on the deceased, said Mr Glue.

Bradley was not present in the house and no identification of him had been made by Mrs Hill. When he set out with the vehicle he had not envisaged anything more than that the others were to give someone “something of a hiding,” Mr Glue sgid. Even on the homeward journey Bradley had not realised the “stark horror" of what had happened.

Mr McClelland said there was evidence that would prove that Bradley was in the room with the others and that there was also sufficient evidence to put him on trial.

The Magistrate said he was satisfied in respect of all five defendants that there was sufficient evidence to put them on trial.