23 Mar 2018

Murder-accused 'no executioner fleeing the scene' - Defence

2:56 pm on 23 March 2018

An Auckland man on trial for the murder of his girlfriend never intentionally fired the fatal shot, his defence lawyer told the jury.

Turiarangi Tai, on trial in the High Court in Auckland for the murder of Chozyn Koroheke.

Turiarangi Tai is on trial in the High Court in Auckland for the murder of his then-girlfriend Chozyn Koroheke. Photo: RNZ / Laura Tupou

The two eye witnesses to Chozyn Koroheke's shooting said it happened in a matter of seconds, lawyer Peter Kaye said in closing at the High Court in Auckland today.

Nacyn Koroheke - Ms Koroheke's brother - and Samantha Douglas, who was Mr Koroheke's then-girlfriend, were in their bedroom with Ms Koroheke when Turiarangi Tai fatally shot her on 4 April 2016.

Mr Koroheke and Ms Douglas testified that Mr Tai firstly aimed the double-barrelled shot gun at Ms Koroheke's head, then lowered it and fired it just above her right hip.

Mr Kaye argued Mr Tai never aimed the gun at the victim when the shot was fired but, like the witnesses said, he was lowering the gun.

If Mr Tai wanted to intentionally kill Ms Koroheke, why would he shoot her in the side? Mr Kaye asked the jury.

Witnesses who knew Mr Tai - and Mr Tai himself - all said they were not the type to "narc" to the police.

Mr Kaye said that explained Mr Tai's answers on the stand.

Mr Tai earlier admitted to lying under oath when he was repeatedly asked, by Crown prosecutor Mark Williams, where he got the shot gun from.

Mr Tai gave about five different stories in his responses, Mr Kaye said.

But each time he paused and looked to the ceiling before answering - all tell tale signs he was lying, he told the jury.

"Since we were knee-high to grass hoppers, we've all lied," he said.

"It doesn't mean, he's guilty of the charge."

Mr Tai said he flicked the catch on the gun to 'S' before he went into the bedroom thinking it meant the safety was on but on that model it meant the opposite, the court heard.

"Why does 'S' mean 'F' for fire?" Mr Kaye asked the jury in Mr Tai's defence, claiming his client had limited knowledge of guns.

After the shooting Mr Tai fled the scene eventually but not before helping his girlfriend, Mr Kaye said.

The jury earlier heard the 20 minute emergency call Mr Koroheke made - Mr Tai's voice could be heard in the background.

"Fight with me, he says to her," Mr Kaye reminded the jury.

"This is no executioner fleeing the scene this is a man - in his own rough common way, maybe - caring for the woman he loves."

Mr Kaye urged the jury to consider manslaughter, not murder.

Justice Muir will sum up next week before the jury deliberates.