Murder-attempt charges trial

Press, 13 April 1984, Page 4

Murder-attempt charges trial

Nelson reporter

Two men who are alleged to have stripped a young man, dragged him naked by his ankles on to the Aorere River Bridge, near Collingwood, beaten him and then thrown him into the rainswollen river, were committed yesterday to the High Court for trial.

Dennis John Daily, aged 32, a mechanical engineer, and Michael William Crump, aged 21, a labourer, both pleaded not guilty to charges of attempting to murder Verrail Huia Nga Weke-Tuhimata on December 3, last year, and alternatively, of assaulting him with intent to cause grievous bodily harm.

Messrs D. H. Blyth and R. W. Paine, Justices of the Peace, remanded both men in custody for trial in the High Court at Nelson on July 2.

Detective-Sergeant G. W. Dawson appeared for the police, Mr K. N. Hampton

and Mr C. N. Tuohy for Daily and Mr D. J. Maze for Crump. The taking of depositions was completed in the District Court after a day and a half hearing. The charges arose from a party which all three men attended in Rockville, near Collingwood, on the night of December 2. Evidence was given by the complainant, Weke-Tuhimata, that in the early morning, on leaving the party, he had a ride in Daily’s car. When the car stopped Crump had cut his wrist and put a knife at his throat and was threatening to cut his throat when Daily pulled him off.

The two men then stripped the complainant naked, dragged him by his ankles to the centre of the bridge, beat him and threw him in the river. WekeTuhimata swam downstream, spent the remainder of the night huddled first in sand holes by the river and then in a silage pit, before seeking assistance from

nearby farmhouses, he alleged. Karen Elizabeth Iggulden, now living at Hastings, said she went to the party that night with Crump but did not leave with him. She saw Crump about 6 a.m. the next day and he said that he and Dennis had beaten up some guy. “I remember that he tampered with Dennis’s stereo and that’s why they beat him up,” she said. Paul Omar Daily, of Rockville, a self-employed goldminer, said the accused was his brother. About 9.30 a.m. on December 3 Dennis called to see him and wanted him to go and have a look at the river. He was very worried and nervous. “Apparently there had been an argument and a fight during the evening and he was worried about the bloke he had a fight with,” he said. His brother was worried because the man was put into the river, Paul Daily said. However, he felt he was all right because the last time he saw him he

was swimming, said the witness.

Later, after a visit from Constable A. P. Cunningham, of Takaka, he had told his brother to go to the police. Constable Cunningham said that after interviewing Weke-Tuhimata he made inquiries around the Collingwood area and on returning to Takaka, the accused, Daily, was waiting to see him.

After giving Daily a warning about saying anything, Daily had told him that the party broke up about 3 a.m. to 3.30 a.m. He was just leaving in the car when Weke-Tuhimata flung himself into the back seat, damaging one of the tape holders of his stereo outfit.

After stopping further down the road, he asked Weke-Tuhimata to get out. “There were a few blows struck,” he said. He was not sure what Crump did with his knife.

Detective N. G. Charlton said he executed a search

warrant on Crump's home in the afternoon of December 3. Crump said he couldn’t remember the events of the previous night because he was drunk, but he denied using a knife on Weke-Tuhimata.

Detective G. F. Stebbings gave evidence of interviews he had conducted with Daily and Crump. Daily was re- • morseful and said he was deeply ashamed of himself. At a hall Crump had told him that Weke-Tuhimata “was a nark or something to do with drugs.” He denied hitting the complainant with an axehandle but would not say why Weke-Tuhimata was stripped naked. ' Crump admitted using a knife to cut Weke-Tuhi-mata’s wrist. He admitted that what the complainant ' had said happened that night was true, said the witness.

Mr Hampton submitted that there was insufficient evidence to make Daily stand trial on an attempted

murder charge. The evidence must show a specific intent to kill but there was insufficient evidence against Daily to show this intent, he said. He based his submission on Weke-Tuhimata’s evidence that when he asked the men at the bridge did they intend to kill him. Daily had given a categorical “no”. There was also the complainant’s evidence that when Crump had a knife at his throat and said he was going to cut the complainant’s throat. Daily had pulled him off.

He also submitted that Daily showed concern for Weke-Tuhimata’s well-being early the next morning.

The two J.P.s committed both men for trial on each charge and denied each one bail. Daily had been on bail, granted by Judge Headifen, with strict conditions.

Crump has been in custody since December 3, having been refused bail, and had an appeal against bail refusal denied.