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Home / Bay of Plenty Times

Mount Maunganui home invasion trial closing arguments heard

Kiri Gillespie
By Kiri Gillespie
Assistant News Director and Multimedia Journalist·Bay of Plenty Times·
30 Jan, 2020 07:00 PM4 mins to read

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Chaliedene Taueki and Maninoa Vincent Felise have each pleaded not guilty to a charge of aggravated robbery and a charge of aggravated burglary. Photo / File

Chaliedene Taueki and Maninoa Vincent Felise have each pleaded not guilty to a charge of aggravated robbery and a charge of aggravated burglary. Photo / File

"It feels a wee bit like an OJ Simpson trial, doesn't it?"

Defence lawyer Ron Mansfield posed that question to the jury in a home invasion trial in the Tauranga District Court yesterday.

Mansfield made the comment as closing arguments for and against two men accused of being involved in the Mount Maunganui home invasion were heard.

The Crown and defence closing addresses came after six days of evidence in the case of Chaliedene Taueki and Maninoa Vincent Felise.On July 20, 2018, a group of armed and masked men smashed their way into a Valley Rd home holding the home's occupants at gunpoint while demanding drugs and money in a case of mistaken identity.

READ MORE:
• Police recall Mount Maunganui home invasion confrontation
• Premium - Mount Maunganui home invasion trial: Witness describes break in
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Taueki and Felise have each pleaded not guilty to a charge of aggravated robbery and a charge of aggravated burglary.

In her summing up, Crown prosecutor Anna Pollett said there was no doubt, or dispute, that the terrifying home invasion happened. There could also be no doubt of the guilt of Taueki and Felise, she told jurors.

Pollett said it did not matter that no one could put an exact face to the incident. All of the different strands of evidence surrounding the matter combined to become a high standard of proof the defendants were there and involved, she said.

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"We have the Taser barb in the jacket [with Taueki's DNA] and a face covering of Felise's. That places them in the property."

Pollett said such items were left behind in haste to be found only because of the prompt arrival of police, partly due to an off-duty officer living nearby.

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Summing up, Pollett told jurors to avoid speculation and "focus on what we do know".

She described the group of offenders as a highly organised, kitted-up group that travelled to Mount Maunganui to torment the wrong people and subsequently flee with $40 of yoga money.

"That's who did it. That's what they did. Mr Felise and Mr Taueki and others, you can be satisfied to the standard beyond a reasonable doubt that these two defendants were there."

But Mansfield, acting for Felise, argued there was plenty of reasonable doubt and "woefully inadequate" evidence against his client. Mansfield produced exhibit 20 in his summing up - a black cloth said to have provided Felise's DNA due to a probable saliva stain.

Mansfield held the cloth up in front of jurors and attempted to stretch it, remarking that it was a stiff material and if stretched further to fit across a face, it would rip the stitching.

"It doesn't make sense. Mr Felise - I hope he won't mind - is other than petite," Mansfield said. "It feels a wee bit like an OJ Simpson trial, doesn't it?"

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Mansfield argued there was no evidence the black cloth, or a jacket Felise was seen in earlier in the night and later found in one of the abandoned cars, was proof his client was involved.

Mansfield warned jurors of the gravity of their decision and reminded them that police had considered other suspects.

"I'm certainly not making light of the real risk of the miscarriage of justice ... There would be nothing worse than convicting someone for being involved when they weren't, when it might have been one of five others who haven't even been charged."

Taueki's counsel, Steven Lack, said there was no evidence "whatsoever" putting his client at the scene, or even in the Bay of Plenty.

He said the Crown's case fell "well short".

Lack asked the jury not to be swayed by sympathy for the victims of the crime, due to the "horror" they experienced, and subsequently feel compelled to convict as a result.

"You are the judges of the facts in this case."

The court heard of evidence suggesting Taueki's involvement that included a black bag containing documents and identification with his name on it found in an abandoned getaway car, plus a jacket with his DNA and a Taser barb also found.

Lack said another person could have been wearing that jacket when the Taser was fired and Taueki's bag and other items did not prove anything because there were many other items belonging to others found in the same vehicle.

Lack asked the jury to consider other people who could have been involved.

The trial continues.

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