Robert James Hart’s death in a West Auckland residential driveway was the result of a bullet being fired from such a close range that it was able to penetrate his motorcycle helmet before striking him in the temple, jurors were told today as the joint murder trial began for three
New Lynn murder trial: Dylan Harris, Adam North and Jasmine Murray carefully planned Robert Hart’s ‘execution’ - Crown
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The two arranged to meet in the West Auckland suburb of Kelston.
But what Hart didn’t realise at the time was that the woman he thought he was messaging had earlier reluctantly given her phone - and access to the apps on it - to North and Murray, prosecutors said. Hart’s acquaintance was being impersonated by the three defendants, Murphy suggested.
“These three people were not friendly to Mr Hart,” she said. “They had no interest in purchasing anything from him.”
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At 9.35am that morning, the couple picked up Harris in the stolen Suzuki Swift they had been driving for days, authorities allege. Another message was sent to Hart: “I’m here, hun.” A 36-second call followed in which prosecutors allege Murray, as the only woman in the car, impersonated Hart’s acquaintance.
As he tried to find the acquaintance, Hart rode his motorcycle down a residential driveway next to the New Haven Motel in the nearby suburb of New Lynn and waited.
Meanwhile, prosecutors said, North and Murray were dropping off Harris so he could track down the other man. As Harris got out of the car, he could be seen moving a gun to the front pocket of his green hoodie, Murphy told jurors.
It’s likely that Hart, resting on his motorbike and still wearing his helmet as he waited for the drug transaction to take place, never saw what was coming next, Murphy said. It’s believed he was shot from about 30cm away, dying immediately.
North and Murray would be arrested five days later, with Murray agreeing to talk to police - an interview that is expected to be played for jurors later in the trial. Harris, meanwhile, managed to flee to Rotorua despite the difficulty of getting past the Auckland border lockdown checkpoints, Murphy told jurors.
Defence lawyers for the three defendants will have an opportunity to address jurors with their own statements when the trial, before Justice Paul Davison, resumes on Monday.
Although the defence was not outlined today, prosecutors told jurors what they expect it will be: That Harris didn’t mean to kill Hart, perhaps firing by accident, and that North and Murray did not know of any plan to use violence.
After predicting the defence, Murphy rubbished it.
“The Crown says the shooting was deliberate and carefully planned,” she said. “They knew exactly what they were doing.”
