The backyard of the Wharehau brothers' house in Stokes Valley.
The backyard of the Wharehau brothers' house in Stokes Valley.
A key witness in a murder trial was arrested and made to come to court to give evidence on a shooting at a milestone birthday party that left a gang member dead and his brother injured.
Today at the trial, the woman revealed while being cross-examined that she wasreluctant to give evidence because of threats she had received.
The woman, who has name suppression, attended a birthday party in December 2023, during which Rawiri Wharerau, a patched member of Mangu Kaha – a gang associated with Black Power, was shot and killed and his brother Hemi Wharerau was seriously injured.
The party at the brothers’ house in Stokes Valley was a surprise 50th for their cousin, Robert Huaki senior – a patched Black Power member.
A man and woman also at the party, whose names are suppressed, are now on trial in the High Court at Wellington charged with murder and attempted murder. The woman also denies an additional charge of assault with a weapon.
Earlier, the Crown witness, who attended the party as a sober driver, described in evidence the defendants’ demeanours as being “angry” that night.
The driveway leading up to the Wharehaus' house in Stokes Valley.
The defence lawyers went on to challenge her evidence, accusing her of lying and embellishing her account of events.
Under cross-examination by Rob Stevens, who is representing the man on trial, also a member of Mangu Kaha, the witness agreed she’d been summonsed to appear in court on Tuesday. But after failing to appear, she’d been arrested.
She told Stevens she chose not to come to court because her safety had been threatened. She also denied being pressured to make a statement to the police.
During questioning, Stevens suggested the “biggest lie” she’d told the court was her account of hastily leaving the scene that night after the shooting, before emergency services arrived.
Earlier, she’d told the court of hearing gunshots at the house, which was up a narrow driveway. She’d then seen the defendants running down towards her.
She said she’d run up the drive and found Rawiri Wharerau lying on the ground. He’d told her he’d been hit, but because it was dark she couldn’t find bullet holes and didn’t see evidence of bleeding.
The woman said she left shortly after in her car.
But Stevens suggested the real reason she’d left the house in such a hurry was because she and another person were removing weapons that were stored at the house before police arrived. She denied that.
Re-examined by Crown prosecutor Sally Carter, the woman clarified why she hadn’t thought he was badly injured.
“When I saw Tubby [Rawiri’s nickname] on the ground, I assumed he was okay, he was speaking to me.”
The woman said if she’d known the extent of his injuries she would have stayed.
“[It] never happened. I never removed things from the property and there’s nothing to suggest that I did,” she said.
Arguing with a senior gang member is “ridiculous”
Lawyer Letizea Ord, acting for the female defendant, also challenged aspects of the woman’s testimony, particularly a claim that her client had argued that night with Huaki snr.
The court heard evidence of a fight between the man on trial and Huaki snr, which allegedly prompted the couple to leave the party, before returning later with a gun.
The witness said she’d been in the kitchen when she heard the man’s partner “yelling” outside.
After returning to the party outside, the witness heard the woman accuse Huaki snr of “disrespecting” her man, before the couple left.
Ord put it to the woman witness that not only had she failed to mention this detail to police, but it was also implausible.
“It’s completely ridiculous to suggest a woman who is barely 22 years old, that she would be yelling at him ... a young woman, with no power, yelling at a senior gang member,” she said.
The woman denied Ord’s suggestion that the only thing the man’s partner had called them both was “idiots”.
But under re-examination by the Crown, the woman stood by her account.
“It did happen” she said.
The trial before Justice Dale La Hood is set down for five weeks.
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.
