Rape, murder allegation

Press, 7 September 1982, Page 3

Rape, murder allegation

PA Auckland A trial opened in the High Court at Auckland yesterday of a man accused of murder, rape, and breaking' and entering. Tony Tupai, aged 22, unemployed, of Mount Eden, has pleaded not guilty to the three charges, alleged to have taken place on or about February 19. He appears before Mr Justice Chilwell and a jury of six men and six women. The Crown prosecutor, Mr Peter Kaye, said that Tupai was charged with raping and murdering Miss Muriel Mary

Rose, aged 77, of. Mount Eden, and of breaking and entering her flat. Miss-Rose lived alone in a flat adjoining that of the accused, in a block of four.

Mr Kaye said evidence would be given that about 3 a.m. on February 19 a neighbour was awakened by what she thought was a scream. The noise continued for some minutes, but the neighbour did not investigate. About 8.45 a.m., two people called for Miss Rose but received no reply. One entered the flat through an unlocked window and in the bedroom he found Miss Rose with two pillows covering her head. The police were called. Evidence would show that the police noticed, bruises round Miss Rose's mouth and chin and her nightdress torn, said Mr Kaye. They had also discovered that the lock on the lounge window had been forced. Indentations on the

window corresponded with the shape of a spade found at the rear of the flat. There was evidence that, sexual intercourse had taken place and a pathologist believed that the cause of death was suffocation. Mr Kaye said evidence would be given that on Thursday, February 18, Tupai had been drinking with a friend and-had arrived at his flat after midnight. When the police called about 11 a.m. the next dav the accused held out his hands to shake the hands of the policemen. Asked if he knew Miss Rose was dead. Tupai is alleged to have said. “Yes.” The Court was told Tupai had said he knew stu 1 was dead because he turned the light on to have a look

Mr Kaye said Tupai told the police that he went to. Miss Rose's flat to steal money. He had entered by the lounge window. He allegedly said he found himself in the bedroom and became aware someone was in bed. "She started screaming, so he held her mouth with his hands and had sexual intercourse with her. At some stage he realised Miss Rose had stopped moving, so he covered her face with pillows and left by the window,” said Mr Kaye. Tupai had made a written statement to the police. Fingerprints consistent with those of the accused were found in the house, said Mr Kave. <

the trial is expected to lact three da.vs.