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A young Auckland father texted a friend to say he was under attack as two men intent on stealing from him broke into his central Auckland apartment building, the Crown claims.
Shortly after, Joesph Tahana clambered over the balcony of his 12th-floor unit in fear of the men, edged alongthe balustrade and fell to his death, it is alleged.
Amigo Jacobi Sinclair-Beere and Lance Nielsen are on trial in the High Court at Auckland jointly charged with the manslaughter of Tahana.
They have each pleaded not guilty to manslaughter. They both also deny a joint burglary charge relating to the accusation they snuck into the apartment building then smashed in Tahana’s door before his death.
Gowan Duff, acting for Nielsen alongside Lester Cordwell, told a jury the only way they could reach a guilty verdict was by guesswork. Duff said there were too many questions about what happened that night and as a result, they should find Nielsen not guilty.
Mark Ryan, representing Sinclair-Beere with James Seaton, said his client did not do anything to cause Tahana to fear violence and could not have foreseen what happened.
Tahana, aged 29, fell from the balcony of his apartment block in St Paul St, off Symonds St near the Auckland University of Technology, in the early hours of February 19, 2022.
Prosecutor Frances Rhodes opened the Crown’s case on Monday by explaining not all manslaughter charges are the same.
Rhodes said it was fear of the two men as they broke into his apartment that caused Tahana to climb over his balcony before falling 12 storeys.
Lance Nielsen during the first day of his trial before a jury, charged with burglary and manslaughter. Photo / Chris McKeen
Lance Nielsen and Amigo Sinclair-Beere (pictured) are jointly charged with the manslaughter of Joesph Tahana. Photo / Chris McKeen
“He climbed over in fear of violence and it’s that act that caused his death,” Rhodes said.
She said Tahana sold small amounts of cannabis to support himself and his young son.
Sinclair-Beere and Nielsen broke into the apartment intent on stealing from Tahana, Rhodes said.
They are captured on CCTV arriving at the apartment block.
The front door is entered via a swipe card, so one of the pair went around a side lane, climbed over a fire escape and let the other in via the front door.
The Crown says Joesph Tahana plunged from the balcony of his 12th-storey corner apartment in St Paul St, central Auckland.
What happened next during the pair’s six to seven minutes in the building was not captured on CCTV.
But it can be established by damage to Tahana’s front door and sounds of a struggle heard by neighbours, Rhodes said.
Shortly after the men made their way into the apartment complex, Tahana tried to call a friend, who did not answer. He then texted the friend saying “I’m under attack,” Rhodes said.
Tahana made his way on to the balcony, which features a balustrade that continues as a ledge along the building beyond its corner, flush to the edge.
“It appears he’s edged along, holding on with his hands and his fingers, away to the end where there’s no more balcony.”
Crown prosecutor Frances Rhodes opened the Crown's case in the manslaughter trial before Justice Geoffrey Venning and a jury on Monday. Photo / Chris McKeen
Rhodes said hand prints showed Tahana clambered along this thin ledge before losing his grip and falling to the ground, suffering un-survivable injuries.
“Why Mr Tahana did this, why he climbed over this balustrade, will be central focus of this trial,” Rhodes said.
“The Crown says he did this in fear of the defendants.”
After leaving the building, the men made their exit between several central Auckland apartment complexes, Rhodes said.
She said the Crown will present evidence showing Nielsen texting an associate requesting an “emergency pickup” from town.
Other texts which will go before the jury also show the pair requesting help from associates, Rhodes said.
Joesph Tahana, 29, was found dead in central Auckland on February 19 last year after falling from his apartment block. The Crown says he clambered over his balustrade to avoid two men intent on robbing him.
Duff, in his opening remarks to the jury, said there was insufficient evidence and the only way they could reach a guilty verdict was via guessing.
“Guesswork which seeks to fill the cavernous holes in the Crown case,” Duff said.
Ryan told the jury his client, Sinclair-Beere, did not do anything to cause Tahana to fear violence. They were there to buy drugs, not to rob or threaten Tahana, he said.
Raniera Teira, a resident in the St Paul St apartment block at the time, was the first witness called.
He described hearing sounds of a struggle and of furniture scraping from inside Tahana’s apartment followed by a sudden quietness then a low, dull thud.
