Man was ‘scared’ to tell police lie saw beating

Press, 11 February 1981, Page 5

Man was ‘scared’ to tell police lie saw beating

PA Auckland A witness surprised a murder trial in Auckland on Monday by admitting that he witnessed an alleged attack which killed a , Kiri but he had not told the police because he was scared. His evidence came near the end of the opening day in the trial of two teen-age girls and three youths who are jointly charged with the murder of Marion Cotton, aged 13, at Auckland on or about April 17. The man had earlier given evidence for the Crown of arriving at his workplace to see two girls carrying the body of another girl. He said he had arrived at 7.30 a.m. and that, inside the building, he had seen one of themen now accused of the girl’s- murder. 1 -1.'’ Under cross-examination by defence counsel yesterday the man admitted he had been too'scared to tell the police that he actually arrived at work at 6.45 a.m. and had .seen four people beating up the girl. Appearing before Mr Justice Sinclair and an allmale jury are Deliah Lianne Manga, aged 17, an unemployed wardsmaid, of Grafton; Leah Charmaine Ashby, aged 16, an unemployed machinist, of Henderson; Phillip Douglas Matthews, aged 17, a labourer, of Glenfield; Reuben Wahawaha Wkout, aged 20, a labourer, of Glenfield; and Clifford Vern Rowland, aged 17, an unemployed labourer, of Birkdale. The accused face an alternative charge of causing Marion Cotton grievous bodily harm. Rowland and Ashby face another charge of injuring Marion Cotton with intent. The accused have pleaded not guilty to all charges. Len lhaka, a labourer, of New Lynn, gave evidence of arriving at work on the morning of April 17 to see two girls carrying another one out of the building, the old Waitemata City Council building in Grevs Avenue. He said he went into the kitchen and there saw a youth known to him as Muff, but who he identified as the accused Rowland. Rowland had said noth-

mg, and after a few minutes the witness said he left to go to the shops.

Under cross-examination by counsel for Rowland, Mr K. A. Deane, Mr lhaka said it would be true if he were told that he had arrived at work at 6.45 a.m., not 7.30 a.m. as he had previously stated. Asked what he would say if Rowland gave evidence that Mr lhaka had walked into the kitchen and seen Rowland and, in a room off the kitchen, had seen several other people, Mr lhaka replied: ‘‘That would be true,” Mr lhaka then said that he had seen the others ‘‘belting the girl up.” Muff (Rowland) had stayed by the bench in the kitchen while it went on. Muff then left, and witness left. To counsel for Matthews, Mr B. V. Mac Lean, Mr lhaka said he saw Matthews, who he knew as Bim, kicking and punching the girl. He had not given that evidence in the lower court and had not told the police because he did not remember being aS He had not told the police because he was scared, not of Bim but of “the rest of them.” Asked what he had seen happening, Mr lhaka said; “They were punching her and kicking her.” He could not say how many times, but it was more than once. She was lying on the floor, bleeding. She was kicked by. one other person, apart, from. ,Matthews. who had held the girl up by her arm and was hitting her. When Mr' Mac Lean asked why Mr lhaka had not raised the matters he had seen, either in his Court appearances or in interviews with the police, Mr Mac Lean. -was. interrupted by his Honour. Disallowing the question, his Honour. said the questions which 'le’d to the new evidence ■ ; emerging had not been asked before. Those questions were raised for the first time in the trial. He then adjourned the Court for the day, asking to see counsel in his chambers immediately. Mr lhaka was told he would be required in Court for the continuing of c r o s s-examination today.

’ The Court had earlier been told that Miss Cotton had been set upon late on the night of April 16 because she had been bragging about having been group-raped by a gang. Opening the prosecution case, Mr S. B. W. Grieve said Miss Cotton was taken to hospital on the morning of April 17 deeply unconscious and suffering from severe injuries. She had such critical brain damage that neurosurgery was said to be not feasible.

She was resuscitated, but her condition deteriorated and she died the next day. A .post-mortem examination showed that she had suffered multiple bruising, a broken collarbone, both eyes swollen and closed and her lip cut through. Evidence would show that she had a vaginal injury. The five accused were found at Mission Bay and each was interviewed and made a statement. All admitted assaulting Miss Cotton to a greater or lesser degree, Mr Grieve said. Manga had made a statement to the police describing how she had met Ashby, known to her as Amazon, and another girl known to her as Cookie (Miss Cotton) at the bus stop. They later met three other youths, jnembers of gangs. After buying a quantity of sherry they all went to Myers Park, Mr Grieve said. Miss Cotton had kept talking about the “KCs” (the King Cobra gang) and Manga had got angry and “slammed her one.” Manga’s statement allegedly said Miss Cotton had bragged about the night she was “blocked” (gang raped) at the KCs’ place in Parnell three weeks previously. The statement said that Miss Cotton had been raped on the night of April 16 and repeatedly punched and beaten up. At one point all three boys had been kicking her with their boots. When asked for an explanation, Manga allegedly said: “I did it for a reason — J was blocked by her mates a while ago and she was there.”

Parts of other statements were, read to the court, including one in which Matthews described punching at Miss Cotton, missing her and punching a hole in a wall instead. Ashby’s statement said that Manga did not believe Miss Cotton had been raped and the two girls had been arguing, after which they had all given Miss Cotton a hiding. The purpose of the rape on the night of April 16, the Crown contended, might have been to determine whether'.Miss Cotton had previously been gang raped and,, if she was a virgin, to prove . that she had lied. The prolonged assaults on Miss Cotton. had been of varying degrees, but those by Manga, Matthews and Wikotu were serious enough to have caused death. Describing the part played by all five accused, Mr Grieve- said: .“Each of them knew of the ferocity with which Miss. Cotton had been assaulted, either because they had committed the assaults themselves or had seen them committed by others.”