Murder trial defence

Press, 17 July 1981, Page 5

Murder trial defence

The defence case opened yesterday in the High Court trial of seven youths who have denied a charge of murdering a girl, aged 20, at an end-of-year staff party .at a private house last Christmas.

Christine Judith Schofield was leaving a party in Linwood in the early hours and was walking hand in hand with her boyfriend down the drive when she was struck above the left ear with a softball bat. Two days later on December 24 she died in the Otago Hospital after having undergone brain surgery. Mr Justice Casev is presiding.

The Crown alleges that the motive for the murder arose when three Maori youths were unjustifiably accused of being accomplices of a Maori girl who was found in suspicious circumstances in a bedroom. It was suspected that she had taken a purse.

Staff members of P.D.L. Plastics. Ltd. had collected money for liquor for the party which was held in a house in Hargood Street. Miss Schofield, a good-look-ing girl with long blonde hair, had worked for the firm for about three months.

Two of the Maori youths were assaulted and all three were evicted from the house. The Maoris were not members of the firm’s staff, but were given permission to attend when they arrived. After recruiting four other youths and arming itself with a variety of weapons the group returned to the party just as Miss Schofield and her boyfriend were leaving. The couple were walking down the drive hand-in-hand chatting when Miss Schofield, who had not been involved in the earlier incident, was struck with a baseball bat. Wayne Temanaki Te Iwimate,* aged 18. an assembler: George Terry Anthony Reriti, aged 17, unemployed; Raymond Henry Talbot, aged 17.'unemployed: Terry James Amai. aged 17, a joiner; Graham David Te Ngaru. aged 17. a fitter and turner; James Manaia Taylor, aged 17. a metal worker; and Toni Karaitana Te Korou Kahukura Pitama, aged 18. a

cook, have all pleaded not guilty to murdering Miss Schofield.

They have also denied an alternative charge of causing grievous bodily harm to Miss Schofield with intent to injure.

Te Iwimate has pleaded not guilty to a charge of assaulting Paul Gregory Clark with intent to injure. Talbot and Reriti have denied a charge of assaulting Michael James Wilson. Messrs N. W. Williamson and D. J. L. Saunders appear for the Crown. Messrs B. McClelland. Q.C., and D. J. R. Holderness appear for Te Iwimate; Mr M. J. Knowles for Reriti; Mr E. T. Higgins for Talbot; Messrs M. J. Glue and G. E. Langham for Amai; Messrs J. Cadenhead and G. F. Orchard for Te Ngaru; Messrs K. N. Hampton and S. C. Barker for Taylor; and Messrs D. C. Fitzgibbon and E. Bedo for Pitama.

Opening the defence for Taylor Mr Hampton said that his client had been so little mentioned during the trial that members of the jury might well wonder what he was doing in court, let alone facing a charge of murder.

During the five years Taylor spent at Queen Charlotte College in Picton his name had never appeared in the detention or punishment book. A gentle person. Taylor had never been known to get into a fight. He was not a leader and always held back and let others take the initiative. Taylor was a trier who put his average ability to the best use and his one main disadvantage was his shyness. At the age of 17, Taylor stood at the crossroads of his life. Gentle, quiet and well behaved, he was definitely not a man of violence and he w-as certainly not a murderer. Taylor had not been a party to the events on that terrible night nor was he involved in the gathering of any weapons. He was not a party to what happened in the driveway and at the time he was outside by the car on the street. Mr Hampton said.

Mr Hampton called four character witnesses for Taylor.

Monte Rereomoamo Ohia. a secondary school teacher, of Picton. and a minister of the Ratana Church, said that he had known Taylor and his family for 10 years. He had taught him and coached him in rugby. His ability as a sportsman was above average.

Although below average academically he was conscientious, polite and respectful. Mr Ohia said. Opening the defence case for Te Ngaru. Mr Orchard said that what happened that night at Hargood Street was a tragic disaster and the defence wanted to express its sincere sorrow and regret for the death of the young girl.

However, it was submitted that the evidence would show that Te Ngaru was not responsible in any w-ay for the death.

Te Ngaru did not have to give evidence but would do so and the defence would also call evidence as to his good character. That evidence would show that he was quiet, well mannered and studious with a good work record. He had never been in trouble with the police before. Al the time of the offence Te Ngaru was only 16, but was now 17. He had never been in court before and had limited education and those factors should be taken into account by the jury. Evidence would be given by Te Ngaru that on December 23. 1980. he started drinking at the Bush Inn and was later joined by Amai. They drank beer, black Russians and double rums and coke. About 10.15 p.m.. Te Ngaru and Amai w’ent to a party in a flat in Newnham Terrace, a short distance from the Bush Inn. They drank more liquor. Later that evening, Talbot, who arrived at the party, told Te Ngaru that he. Reriti and "Spinner" (Te Iwimate) had been at a party in Linwood and a man had beaten up “Spinner" for nothing. Two Maori girls had stolen a purse and "Spinner"

and his mates had been wrongly blammed. Te Ngaru and Amai wanted a lift home to Aidwins Road, a short distance from Hargood Street where the party was being held. However, he would frankly say that if his friends got into trouble at Hargood Street, he would have helped them if necessary.

Te Ngaru would say that he did not think he would actually get involved in a fight. Certainly it never entered his head that anyone would go down the drive and lash out indiscriminately with a baseball bat at virtually the first person they should see. He was not aware that there was. a knife, a hockey stick and a poker in the car. He only became aware of the baseball bat when "Spinner" got into the car. During the journey from Upper Riccarton to Linwood Te Ngaru slept most of the way.

After the incident at Hargood Street "Spinner”- got into the car and as they drove away he kept saying that it was an accident. It was submitted, said Mr Orchard, that on the evidence Te Ngaru was not guilty of murder, nor manslaughter. nor of injuring Miss Schofield with intent, and should be acquitted on all charges.