The five men are alleged to have murdered fellow Tribesmen gang member Mark Hohua in June 2022. Video / Belinda Feek
A jury has returned mixed verdicts for a group of Tribesmen gang members accused of killing one of their own.
President Conway Rapana, vice-president Heremaia Gage, patched members Ngahere Tapara and Te Patukino Biddle, and prospect Dean Collier have been on trial in the High Court at Hamilton for thepast few weeks defending Mark “Shark” Hohua’s murder.
Hohua died after a series of assaults at Rapana’s Hodges Rd property in Waimana, Eastern Bay of Plenty, in June 2022.
The Crown said the attack was ordered by Rapana after Hohua had made multiple purchases from an online website using the gang’s bank account.
It was dubbed a hotbox attack, with the trial hearing that a hotbox was when a gang delivered a beating to one of its members.
At the trial’s closings, Crown Solicitor Richard Jenson said Rapana had been heard to say that Hohua “needed to be killed” after Rapana had found out about the money.
But defence counsel claimed their clients were either not involved in the violence or they threw a few punches, but not the fatal injury.
Today, after almost four days of deliberations, the jury of six women and five men returned their verdicts just before lunch.
Te Patukino Biddle (left), Heremaia Gage, Ngahere Tapara, Conway Rapana and Dean Collier have been standing trial in the High Court at Rotorua charged with the murder of Mark Hohua. Photo / Andrew Warner
Rapana and Biddle were found guilty of murder, while Gage and Tapara were found guilty of manslaughter.
Collier was cleared of both charges and is now a free man.
Those convicted were remanded to reappear for sentencing in October.
Claims the attack was unplanned
At trial, Nick Dutch, defence counsel for Rapana, said his client never authorised a hotbox.
“This was instead unplanned fighting. It was just chaos.”
Children wouldn’t have been there if there was a hotbox, he said.
The trial heard Hohua was Rapana’s mate of 20 years. Rapana had previously taken Hohua to his house to help shake him out of his addictions, banning drinking and drugs, and instead getting him fit and strong.
‘Guilty to manslaughter’
Biddle’s counsel, Matthew Goodwin, said his client’s phone call to a friend who asked him about the attack held several key markers of his defence.
In the call, made 10 days after the attack, Biddle admitted giving Hohua “a hiding, or at least part of it”.
“He knew he’d made some sort of contribution to his death because he talks about manslaughter.
“Of course, he’s had no legal advice for that call ... but he was pretty much on the money because he pleaded guilty to manslaughter.”
In the phone call, Biddle said his “intention was never to kill him”.
Verdicts have been delivered for Te Patukino Biddle (left), Conway Rapana, Heremaia Gage, Ngahere Tapara and Dean Collier. Photo / Andrew Warner
“The c*** just jumped off the bank and f***** himself up,” Biddle was heard saying.
Goodwin had told the jury that Hohua’s fatal injuries were caused when he went down a bank and fell on a set of steep and unstable concrete steps while fleeing the house after the attack.
He also said the Crown appeared to have taken only the pieces of Biddle’s evidence that suited its case.
“The staircase was a crucial factor ... in causing Mr Hohua’s injury.
“The Crown is scared of that reality, and that’s why they try to present a different picture to you.”
Defence says no evidence of involvement
Rebekah Webby, counsel for Gage, said her client’s position was different from the others. Apart from his confirmation he was at the property that day, there was no evidence he did anything.
She cited the evidence of Hohua’s son, Matiu jnr, who went to the property with his father and Biddle that day.
“When he’s asked specifically about Mr Gage, he didn’t think he had seen Mr Gage, didn’t see Mr Gage hit ... kick ... or following any instructions, following anyone, or see anything.
“In fact, he didn’t see Mr Gage whatsoever around his father.”
She urged the jury to find Gage not guilty of both murder and manslaughter.
Collier’s counsel, Bill Nabney, told the jury his client was innocent.
“The first thing is that Dean Collier is not guilty of murder or manslaughter.”
That was because the gang’s sergeant at arms at the time, Wayne Kiri, who was now with Black Power Ruatoki, said Collier would be taking the rap for Hohua’s death, Nabney submitted.
“Mr Kiri has the power to do that because he has the power in the Tribesmen ... he was the enforcer.”
Kiri had forced Collier to lie to the police on two occasions, including about where Hohua’s body was found.
