'Agitated' Robert Hohua told concerned neighbour dying Marie Harlick was sleeping

Marie Rose Harlick died after a 20-minute assault by Robert Roupere Hohua. Photo / Alan Gibson

The partner of a woman beaten to death said she was sleeping to stop a concerned neighbour from checking on her, a court has heard.

Marie Rose Harlick died after a prolonged assault by Robert Roupere Hohua during which he was heard yelling "get up before I kill you".

Hohua, 36, admits killing Harlick in her Opotiki home in November last year, but has pleaded not guilty to murder.

A woman who lived next door to Harlick told the jury she was walking past the house when she heard a "big bang".

Rosalie Hall went to check on Harlick, whom she had recently been spending some time with, and started to enter the Wellington St property.

The dog started barking and before she could unlock the front gate, Hall said Hohua came outside for what was an awkward conversation.

"I said to him 'I'm just coming in to see Marie', he said 'nah bro, she's asleep'."

Hall said Hohua seemed agitated.

"He just seemed a bit scary to me. I don't know how to explain it, I just didn't feel comfortable; I felt a bit scared."

She said the police arrived about 30 minutes later, after two 111 calls from a teenage witness who was at another neighbour's house.

He and his friend, who gave evidence yesterday, told the jury they heard "loud, stomping noises" and Hohua yelling "get up before I kill you".

Neither can be identified because of their ages.

They also heard a baby crying: Harlick's 19-month-old daughter Vivienne, who was strapped in her stroller inside the house where the fatal assault occurred.

The Crown allege Harlick was punched, kicked and stomped to death.

Hohua then dragged her into the bath, where he cleaned the blood off her face. Her body was left under the running tap while Hohua went to check on Vivienne, who was crying in her stroller.

He then moved Harlick onto a mattress in a bedroom and covered her with a blanket. Vivienne was later found in the same room.

Two police officers, who were busy elsewhere when the 111 call was made, arrived at the Wellington St house at 10.24pm.

Hohua fled and was Tasered during the arrest. The police found Harlick inside the bedroom, unresponsive.

A post-mortem examination revealed a long list of injuries inflicted during the "eruption of rage", said Crown prosecutor Richard Jenson, including bruises, cuts and fractures to both sides of her jaw.

But just a faint bruise marked the fatal injury.

She bled to death, internally, after a stomp or kick to her stomach ruptured an artery.

For the jury to convict Hohua of murder, Jenson said the Crown had to prove murderous intent at the time of the assault.

Even if Hohua did not intend to kill Harlick, Jenson said murderous intent could be established if the Crown proved Hohua knew the beating could kill her, but went ahead anyway.

"[Hohua] consciously took a risk to dice with Ms Harlick's life," said Jenson.

This alternative was described as a "reckless murder" or the Crown's "back-up position", when defence lawyer Gene Tomlinson responded in his opening address to the jury.

"Mr Hohua assaulted Marie that night and as a consequence she died. There is no issue with that. He is clearly guilty of manslaughter.

"The real issue is did he know, consciously, what he was doing was likely to kill her? Your job is not to hold him to account. Your job is to decide what was in his mind."

The trial before Justice Anne Hinton is scheduled for two weeks.