Murder-rape case for High Court

Press, 20 April 1982, Page 4

Murder-rape case for High Court

PA Auckland A man, aged 22, charged with the murder and rape of his 77-year-old neighbour was committed to the High Court for trial yesterday.

Tony Tupai, unemployed, of Mount Eden, pleaded not guilty to one charge of rape, one of murder, and one of breaking and entering the house of the deceased woman, Muriel Mary Rose. The offences are alleged to have taken place on February 19. Most of the prosecution evidence was submitted by Mr Stuart Grieve, in statement form. Spoken evidence by two detectives was suppressed by Messrs J. DeLowe and R. Henshall, justices of the peace, on the grounds that publication would be prejudicial to the defence case. Evidence from 25 witnesses was presented. In evidence by Detective Sergeant Brian John Metcalf, the Court heard that Tupai had gone to the home of Miss Rose to obtain money. Police found bundles of notes on his bed the day he was interviewed in connection with the incident. Dr Warwick McDonald lan Smeeton, a pathologist, told the Court that Miss Rose had died of suffocation.

Dr Smeeton said that Miss Rose — a spinster who lived alone in the same block of flats as the defendant — suffered from “significant heart and kidney disease." After arriving at Flat 1, 43 Kingsview Road. Mount Eden, on February 19, he found the deceased lying in bed partly covered by blankets and wearing a nightdress. He found spots of blood on the pillow above her bed and urine and blood-stains on her nightdress. A cigarette lighter was discovered under the left hip. During post-mortem examination, Dr Smeeton found extensive bruising about the face and internal lacerations. There was no evidence of skull fractures or brain injuries. Impressions found on the left nipple suggested a bite mark, said Dr Smeeton. He said there was severe narrowing of the coronary artery .and the deceased also suffered from impaired kidney function. Dr Smeeton concluded after the examination that Miss Rose had been assaulted and sexual intercourse had taken place. He said that her signifi-. cant heart and kidney disease would have contributed to any sudden collaose.

The cause of death was suffocation. Earlier, in a brief summary of facts, the Crown prosecutor, Mr Stuart Grieve, said that the defendant had been drinking until about 1 a.m. on the morning of the alleged offence. It is alleged that he found a spade and levered a window open in the flat belonging to Miss Rose. After rifling through a bag he entered the deceased’s bedroom. . Miss Rose awoke and screamed. Tupai then climbed on top of her and raped her, said Mr Grieve. Afterwards, when Tupai realised Miss Rose was dead he covered her with blankets. He then left the house and Miss Rose’s body was discovered later in the-morning. Mr Grieve said 25 witnesses would be called to prove the case. But evidence was admitted in written form from police, medical practitioners, D.S.I.R. scientists, and the landlord of the premises. The hearing is expected to last for two days.