Taneatua man Dallas Fraser Hohua, who is on trial in the High Court at Rotorua, denies murdering Lani Paul. Photo / NZME
Taneatua man Dallas Fraser Hohua, who is on trial in the High Court at Rotorua, denies murdering Lani Paul. Photo / NZME
If Dallas Fraser Hohua didn't take action, he would have been knocked to the ground by a gang of methamphetamine-fuelled men out to kill him, his lawyer says.
So when he plunged a knife through the heart of Lani Paul after a fast-paced, heated-up, drunk brawl, he was acting inself-defence, his lawyer says.
Closing arguments have been heard in the High Court at Rotorua in the case of Hohua, 57, who has pleaded not guilty to the murder of Paul, 29, from Whakatāne on October 23 last year.
The Rotorua Courthouse. Photo / NZME
Hohua stabbed Paul with a knife through his heart after a fight broke out at a party at Hohua's house on Hotene St. Hohua was trying to get everyone to leave when Paul and others returned; Paul challenging Hohua to a one-on-one fight.
The Crown says Hohua stepped forward to stab Paul, who was armed with a fence paling, with the intent to kill him and he did it without warning and with such force that he was therefore guilty of murder. The Crown says he wasn't acting in self defence as he could have gone inside and called police.
Paul was taken to Whakatāne Hospital about 11.50pm but died just after 11.20am the next day.
Hohua's lawyer, John Munro, said Hohua's life was at risk because he would have been"finished off" by the Black Power-connected men.
"Whether it's with a fence paling or fists it doesn't matter. That's how they behave, that's what they do. Let's get a sense of realism here. They were going to kill him. If he went down, he was finished."
Munro said Hohua had earlier taken a bashing to the head and blood and swelling could be seen on his face. His hearing aid had been knocked out and he was feeling vulnerable and disorientated, desperate to protect his home and his family.
The jury was reminded Hohua took another beating from "these men" the morning after the stabbing, which showed how seriously gangs operated.
"If Hohua had not taken action, he would be dead."
Munro said Paul had been waving a fence paling around and Hohua feared it was going to come down on himself and another man. The other men with Paul were younger and faster and Hohua's fight was mismatched.
"Would you feel it justified to use that knife in that moment to potentially save your life or others? I would say you would, to defend yourself and [others]. Was he acting in self defence? Of course he was."
Taneatua man Dallas Fraser Hohua, who is on trial in the High Court at Rotorua, denies murdering Lani Paul. Photo / NZME
Crown prosecutor Ben Smith said Hohua was not acting in self defence as he was armed with a knife and used reasonable force to inflict the fatal wound.
Paul had been removed from the party but he returned with his shirt off indicating to Hohua that he wanted to fight. One of the witnesses had told the jury they heard Paul repeatedly saying "one outs", which was inviting Hohua to have one-on-one fights.
Smith said Hohua was angry at Paul because he had come to his house and had caused trouble.
When Hohua jumped a fence to approach Paul, who was armed with a fence paling, and another man, he knew what he was getting himself in for, Smith said.
He could have chosen not to fight Paul, gone inside, locked the door and called police but he didn't. Instead, he advanced towards Paul, Smith said.
"He is going to a fight that he chose and knew all the circumstances of. He closed the gap and he brought the fatal weapon with him. He is acting out of anger and going to have a fight he chose to have.
"This is not an accidental wound. This was something he has done consciously. The Crown says this is murder."
Justice Matthew Muir will sum up the case to the jury tomorrow morning and the jury is expected to retire to consider their verdict at midday.
