Chris Kahui. Photo / Michael Craig
A Crown lawyer in the Kahui murder trial today said a misunderstanding between him and a colleague was the reason prosecutors had not prepared to cross-examine a witness on Friday.
Chris Kahui, 23, is on trial at the High Court in Auckland charged with murdering his premature three-month-old
twins Cru and Chris in Mangere, south Auckland, nearly two years ago.
Prosecutor Richard Marchant had left the trial late on Friday before Tracey Still, Chris Kahui's sister, took the witness box as a defence witness.
When Ms Still's evidence in chief was finished, neither of his remaining colleagues, Simon Mount and Simon Moore, had prepared to cross-examine her. A quick adjournment took place before Mr Moore made the cross-examination.
Today Mr Marchant apologised to the court for his part in the misunderstanding.
Mr Marchant told Justice Geoffrey Venning that he had believed Mr Mount was due to undertake the cross-examination, and Mr Mount had believed it would be Mr Marchant's job.
Chris and Cru Kahui were admitted to Auckland's Middlemore Hospital with head injuries on June 13, 2006 and died in Starship Hospital five days later. A post-mortem found the babies died of severe brain trauma.
Crown prosecutors say Kahui was the only one who could have inflicted the injuries. Kahui's lawyers say somebody else, probably the twins' mother Macsyna King, killed them.
The defence case opened on Friday, the end of the fourth week of the trial, with evidence from two of Kahui's siblings and from a former boyfriend of Ms King.
Eru Tuari said he heard Ms King say "Chris didn't do it, I did it" seven months after the babies died, while Kahui's older sister Tracey Still said she heard Ms King say "I won't let B (Kahui) go down for this, I'll take the rap'," two days after the twins went to hospital.
More family members are due to give evidence this week along with pathologist Dr James Ferris.
The defence case is likely to adjourn for at least a day at the end of the week as key witness Dr Terence Donald, an Australian child abuse expert, is due to give evidence at a trial in Australia.
- NZPA
