Gang’s arrival at court described

Press, 28 June 1983, Page 6

Gang’s arrival at court described

The police senior-sergeant prosecuting in the District Court on Anzac Day (April 25) when six persons associated with the Devil’s Henchmen gang were appearing on a murder charge had just opposed bail because he feared a gang war, when members of a rival gang arrived motor-cycles outside the court. The courtroom door had been closed and the sergeant had heard a lot of yelling, a window had been broken, threatening gestures made, and the rival gang members appeared to try to gain entry. Evidence of this was given by Senior-Sergeant T. N. Nalder yesterday when 11 members of the Highway 61 gang faced a joint charge of being members of an unlawful assembly which caused fear that those involved would use violence against persons or property. The defendants, who all denied the charge, were: Bernard Peter Leca, aged 25, Augustine Stanley Rangi, aged 30, Kevin Korau, aged 26 (all represented by Ms E. H. B. Thompson), Matthew Bernard Grant, aged 19, James Tuwairua Wirihana, aged 25 (both represented by Mr G. R. Lascelles), Sonny Morehu, aged 25, Taui Thompson, aged 28 (both represented by Dr W. G. G. A. Young), Ashley Vernon Davies, aged 23, Patrick Napier Hutana, aged 19, Paul Paki Mason, aged 24 (both represented by Mr M. J. Knowles), and Piwhara Anthony Tupara, aged 29 (Mr E. Bedo). Mr Tupara’s occupation was said to be a painter and decorator. The others were unemployed. Sergeant M. J. South prosecuted. The hearing, before Judge Palmer, will continue today. Eleven of the 23 prosecution witnesses to be called gave evidence yesterday. Senior-Sergeant Nalder detailed the incident, in which he heard motorcycles arrive just after he had addressed Judge Bisphan to oppose bail for defendants on the murder charge. He had said police feared a gang war. He said in evidence that the arrival of the motorcyclists gave him cause for concern as one of the members of the Highway 61 gang had been shot and killed the previous evening. After the courtroom door was closed a window was broken. Judge Bisphan adjourned the court and the six defendants were returned to the cells. Mr Nalder said he became very alarmed, and considered sheltering under a court bench. People were jumping up and down at the windows yelling obscenities and waving fists and generally making threatening gestures, he said. At this stage, additional police vehicles had arrived and the gang members had backed away from the court. Mr Nalder identified Korau and Rangi as having made gestures towards the i court, from the roadway. Others on motor-cycles had made similar gestures and acted in a similar manner, but he could not identify them. Mr Nalder said he believed the defendants were trying to enter the court, and with the police resources available at the time, stopping them would have been difficult. To Mr Young, Mr Nalder

agreed that some of the fears that arose might have been from comments he made when opposing bail, as well as events that took place. To Mr Lascelles, he said there had been no judicial order that day to exclude anybody from the court. Detective P. M. Deazley said he recognised the three motor-cyclists who arrived first as Highway 61 gang members. They had pointed and gestured towards the court, and their attitude had looked hostile. He closed the court door, then heard two or three blows on it, accompanied by abuse and threats, he said. Several other motorcycles had then arrived, followed by abuse and threats directed to the persons in the dock. A window was broken, and abuse and threats towards the six defendants continued, Mr Deazley said. David Claude Fitzgibbons, a barrister and solicitor, said he was representing one of the defendants on the murder charge, and making a plea for bail, when he heard motor-cyclists arrive. He had heard the court door being slammed. Mr Fitzgibbon said he was surprised by the events that took place, but did not consider himself to be threatened in any way. He said he was fearful for the safety of his car. Bevan Stuart Rapson, a reporter, said that after the motor-cyclists arrived there was yelling outside, and kicking at the door. A window had been broken. Mr Rapson said he thought the persons were abusing defendants in the dock. He had seen one person jump on a car parked outside and Highway 61 insignias on the jackets of some of the motor-cyclists. He said he was a bit anxious because of the window being smashed, and “because of the presence of obviously angry people.” To Mr Bedo, Mr Rapson said he was not able to identify any person involved. Stanley Charles Barker, a solicitor, said that when the

persons outside climbed up to the windows he heard shouting and saw fists shaken. Words to the effect. “You bastards," had been directed at the defenants. About 12 persons had been yelling. He said he did not recognise any of the persons involved. Cross-examined, he said the person who broke the window seemed startled when it broke, after he had shaken his fist at the window. Two other solicitors gave evidence of feeling some apprehension about the events that took place. Constable R. F. Cocks gave evidence of interviewing Tupara about the incident. Tupara had told him he had gone to the court to see which Devil’s Henchmen were appearing. They' had had no intention of upsetting the court when they went there. Asked if he wanted to take revenge Tupara had replied: “Yes, we are bitter, very bitter.” Constable P. D. Cunningham said Davies, in a written statement, said he went to the court with about a dozen other members to see who the persons were, charged with the murder of a member of his gang. There was no need to shut the court door as they intended only to sit in the back of the court and watch proceedings, Davies had said. Davies’ statement said it was not right when you lose someone close to you and you cannot even see justice being done. He had considered they had done nothing wrong. Constable D. C. Clarke said Rangi, in an unsigned statement, said he and about 20 other members had gone to the court to see what the Henchmen charged with the death of a Highway 61 member looked like. He had wanted to be able to recognise them if he saw them again. He had not known what he would have done if he had seen any of them later in a hotel, or elsewhere.