Kimura trial: Murder accused denies kicking victim in head

The lawyer for a Bay man on trial charged with murdering Tauranga businessman Gary Kimura has asked the jury to acquit his client of murder and instead find him guilty of manslaughter.

During his closing address, lawyer Tony Balme told the jury in the High Court at Hamilton yesterday that Witeri Ahomiro Neketai, 35, of Te Puke, did not deny punching Mr Kimura at his Bellevue home on October 5, 2011 after trying to collect a $30,000 drug debt.

But Mr Balme said Neketai, who had been upfront with police about his actions, denied kicking him in the face while he lay semi-conscious on the ground.

That is despite the Crown presenting forensic evidence of transfer blood stains on one of Neketai's shoes, and tiny blood splatters on the other.

The Crown alleges Neketai attacked Mr Kimura after his fellow accused Taonui Hiku, who is charged with manslaughter, ''lured him'' from his house, and hit him so hard the 109kg man fell backwards, striking his head on a concrete driveway.

Mr Kimura, 44, was found lying face down on the concrete at the bottom of some steps in a pool of blood by his wife, Rosina Kimura.

He had massive head injuries, including a fractured skull. Mr Kimura died six weeks later in Tauranga Hospital on his 44th birthday.

Crown solicitor Greg HollisterJones told the jury there was clear evidence that Neketai had acted with murderous intent when he attacked Mr Kimura, and Hiku also knew that violence was the likely consequence of their visit if the deceased refused to pay up, which he did.

But Mr Balme said a text sent by Neketai to an associate confirmed what he told police - that he had placed him into a recovery position after punching him and then left. During his closing address,

Paul Mabey QC, said his client Hiku did not deny being at Mr Kimura's house, but the jury should acquit him as there was no evidence he knew that Neketai was going to attack the deceased.

Joseph Rewiri, 45, of Auckland who was in prison at the time of the attack, was also facing a murder charge, after evidence showed he enlisted Neketai to collect the debt. Rewiri pleaded guilty to manslaughter after Justice Tim Brewer reduced the charge.

Justice Brewer earlier discharged Jesse Hartley, 28, of Mount Maunganui in relation to a manslaughter charge.

The reasons for doing so have been suppressed.

The trial continues on Monday.