11 Dec 2008

Lawyer says shooting wasn't meant to happen

4:11 pm on 11 December 2008

The lawyer for a man accused of planning a driveby shooting in which a Wanganui toddler was killed says it was an unscripted addition to what was supposed to be a gang fight.

Five men are before the High Court in Wellington charged with murdering Jhia Te Tua in May last year.

The Crown says one of the men, Karl Check, ordered Hayden Wallace to carry out the shooting in retaliation for an earlier confrontation between Black Power and Mongrel Mob members.

Mr Check's lawyer Christopher Stevenson told the court his client had gathered three carloads of people to go to a 'rumble' at the Black Power house.

He said the shooting was unexpected and unintended.

Witness may have been gunman - lawyer

The lawyer for a man accused of firing a fatal shot that killed a Wanganui toddler has suggested that one of those granted immunity from prosecution in return for giving Crown evidence may have been the gunman.

Paul Maybey QC, who represents Hayden Wallace, told the court that one of the Crown witnesses was positive he saw shots fired from the rear passenger window of a passing car.

Mr Maybey said that Wiremu Karamaina who was granted immunity from prosecution admitted that was where he was seated during the shooting.

He said Mr Karamaina claimed he only went in the car because he needed a ride and wanted to prevent anything happening, but Mr Maybey said the jury should look closely at his evidence.