Beating victim’s story queried

Press, 31 August 1989, Page 19

Beating victim’s story queried

The credibility of a man allegedly beaten with a sledgehammer and baseball bat was challenged yesterday by counsel for three men accused of robbing him of $2BBO in race winnings.

However, Mr Brent Stanaway, in his final address for the Crown, urged jurors to accept the evidence of Mr Edward Huria and his girlfriend, Miss Yvonne White, claiming that they gave credible and reliable accounts of events at their Tancred Street home. The couple and a friend were woken at their home about 6 a.m. on March 20 when three disguised men wearing motor-cycle helmets burst inside and demanded the race winnings.

A scuffle developed and Mr Huria was beaten with a sledgehammer and baseball bat, resulting in

his admission to hospital. The defendants have pleaded not guilty before Mr Justice Holland and a jury to robbing Mr Huria while armed with the weapons.

They are Edison St Martin Rangi Smith, aged 25, unemployed (Mr Rupert Glover), Kira Hemopo, aged 28, a freezing worker (Mr Andrew Mclntosh), and Mark Richard Whittaker, aged 28, a part-time fisherman (Mr Tim Fournier). They have also denied an alternative charge of intentionally causing grievous bodily harm to Mr Huria, who knew the three accused.

The jury retired to consider its verdict at 2.50 p.m.

Mr Stanaway alleged Smith was armed with a sledgehammer while Hemopo and Whittaker each carried a baseball bat.

They intended using their weapons and combined presence to overcome any resistance and steal the race winnings, he said.

“The Crown says Smith was the man who wielded the sledgehammer, raining blows down on the head and torso of Mr Huria.

"Whittaker was the short, third man seen only later who broke the baseball bat over Mr Huria’s head about the same time as Smith was wielding the sledgehammer. “They clearly both caused grievous bodily harm to Mr Huria.” Mr Stanaway said the Crown accepted Hemopo did not strike Mr Huria with a weapon, but argued the defendant was guilty through aiding and abetting the assault. He argued that the evidence of Hemopo’s admis-

sions to Mr Huria, Miss White and a detective were compelling, and that a tattoo seen by Mr Huria on the arm of one of the assailants identified Smith as the man.

Mr Stanaway pointed to Whittaker’s alleged admission to Mr Huria, and claimed his alibi evidence was unreliable. Mr Fournier called for Whittaker’s acquittal, urging jurors to accept the alibi evidence. “The Crown case against Whittaker is pretty brief.”

He argued the case against Whittaker was only an admission his client is alleged to have made to Mr Huria. Mr Huria was an unreliable witness, whose evidence should not be used to find Whittaker guilty.

Mr Glover said Smith had denied involvement

all along. He argued that the evidence of Mr Huria and Miss White was riddled with inconsistencies. Evidence of the tattoo was too unreliable to find Smith guilty, he said.

“The Crown has made a huge play of this tattoo. They have to. It is the only evidence they have got.”

Mr Mclntosh, for Hemopo, also questioned the credibility of Mr Huria and Miss White. He said Mr Huria’s evidence of Hemopo breaking down and admitting his involvement was not credible. Mr Mclntosh asked jurors to reject Hemopo’s alleged confession to a detective, Hemopo having claimed in evidence he told the police only what he had heard about the robbery.