Grace Millane murder trial begins today: The key people and what to expect

Anna Leask
By
Anna Leask

Senior Journalist - crime and justice

The trial for the man accused of murdering Grace Millane begins this week in the High Court at Auckland.

The British woman was killed on the weekend of her 22nd birthday, soon after arriving in Auckland as part of a year-long solo OE.

Millane was last seen going into a central Auckland hotel the night of December 1.

The 27-year-old man she went to the hotel with has been charged with murder.

Here, we look at who will be in the courtroom each day - and how the trial is likely to play out over the next month or so.

THE ACCUSED

The man accused of murdering Grace Millane has interim name suppression meaning the Herald - and all other media - cannot publish any details that would identify him.

He is a 27-year-old who was living in Auckland at the City Life hotel at the time of the alleged killing.

Police allege he met Millane the weekend of November 30 - just hours after she arrived in Auckland - and killed her on or about December 1 or 2.

Millane would have turned 22 on December 2.

THE JUDGE

Justice Simon Moore

Formerly one of the country's top criminal lawyers and a Queens Counsel, Justice Moore was appointed a Judge of the High Court in February 2014.

Before that appointment he held the position of Crown Solicitor for Auckland for many years.

Justice Moore's legal career started in 1980, when he graduated from Auckland University with a bachelor of law degree.

Justice Simon Moore the day he was sworn in as a High Court Judge. Photo / Richard Robinson
Justice Simon Moore the day he was sworn in as a High Court Judge. Photo / Richard Robinson

His first job as a law clerk at Meredith Connell led to a role as a staff solicitor in 1982.

Three years later he was made a partner at the firm and has been chairman of partners since 2003.

In June 1994, Justice Moore was appointed Crown Solicitor for Auckland, a role which gave him overall responsibility for the prosecution of all indictable crime in the region. He has been a familiar face at the High Court since then, appearing for the Crown in most of the major criminal trials in the Auckland region.

He added an international accolade to his curriculum vitae in 2000 when the British Government appointed him public prosecutor for Pitcairn Island. In that role he was responsible for the prosecution and conviction of 12 island men for historical sexual offending.

In 2008, Justice Moore was appointed general counsel to the Eden Park Redevelopment Board in anticipation of the 2011 Rugby World Cup.

The same year he was also appointed senior counsel, and became Queen's Counsel in 2012 when the title was restored.

Justice Moore, who has been married to his wife, Jane, for more than 35 years and has three sons, has been at the helm of some of New Zealand's biggest criminal trials.

These include the cases of Centrepoint commune founder Bert Potter, rapist Malcolm Rewa, RSA murderer William Bell, samurai sword attacker and murderer Antonie Dixon and the trials over the deaths of Peter Plumley-Walker, who was killed in a bondage session and dumped over the Huka Falls, and baby twins Chris and Cru Kahui.

Then-Crown proseuctor Simon Moore summing up in the case against Chris Kahui, who was on trial for the murder of his twin sons. Photo / Paul Estcourt
Then-Crown proseuctor Simon Moore summing up in the case against Chris Kahui, who was on trial for the murder of his twin sons. Photo / Paul Estcourt

He also acted for the Crown at the trial of disgraced MP Taito Phillip Field, who was charged with corruption, and was appointed lead counsel for police at the royal commission on the 2010 Pike River mining tragedy.

Since becoming a judge he has presided over a number of high profile cases including the trial of rugby coach Alosio Taimo - found guilty of 95 charges of sexually abusing 17 young boys, aged between 9 and 16 at the time.

His offending crossed into four different decades and began when he was just 25.

The 56-year-old former teacher aide was jailed in February this year for 22 years and also ordered to serve a minimum period of imprisonment of 10 years.

THE CROWN

Crown prosecutor Brian Dickey

As Crown Solicitor at Auckland via law firm Meredith Connell, Dickey has more than 24 years' litigation experience and has conducted major cases in the criminal and civil jurisdictions.

Current Crown prosecutor Brian Dickey. Photo / Michael Craig
Current Crown prosecutor Brian Dickey. Photo / Michael Craig

He is perhaps best known for the run of significant finance company cases, which he oversaw and conducted after the collapses in that sector from 2007.

Most recently, Dickey is perhaps best known for his role in the Aaron Archer murder trial - the man accused of killing his girlfriend's 2-year-old daughter Ariah Roberts.

Archer was acquitted on the murder charge but found guilty by a jury of manslaughter and will be sentenced in December.

Dickey will be joined by Meredith Connell partner and experienced prosecutor Robin McCoubrey.

Robin McCoubrey.

McCoubrey was in practice as a barrister in London for seven years before migrating to New Zealand in 2008.

Crown prosecutor Robin McCoubrey. Photo / Meredith Connell
Crown prosecutor Robin McCoubrey. Photo / Meredith Connell

In the UK he worked on predominantly criminal cases, for the prosecution and defence, together with cases in the areas of regulatory and public law.

THE DEFENCE

Ian Brookie

After starting his legal career in 2001 as a solicitor for the large Auckland firm Rudd, Watts & Stone, Brookie moved to Meredith Connell - the office of the Crown Solicitor in Auckland – in 2003.

Brookie prosecuted a large number of cases on behalf of the Crown, police and other government entities.

In 2013, Brookie joined the independent bar and helped establish Sentinel Chambers in Auckland city.

Ian Brookie. Photo / brookielaw.co.nz
Ian Brookie. Photo / brookielaw.co.nz

As a barrister, he defends alleged offenders in all courts from district to the highest court in New Zealand, the Supreme Court.

According to his website, no case is too big or too small and he claims to have the "abilities and the connections to achieve good results in any court forum".

Ron Mansfield

Mansfield is arguably one of the country's leading defence lawyers and specialises in everything from criminal cases to serious traffic crimes, sports law, defamation and extradition.

Mansfield has been acting as a criminal litigator for 25 years and is "particularly recognised" as having a speciality in successfully defending clients in drug and serious criminal cases.

According to his website bio, Mansfield is "particularly client focused" and says "the multitude of successful outcomes for clients and their positive feedback speaks for itself".

Lawyer Ron Mansfield at the High Court in Auckland. Photo / Brett Phibbs
Lawyer Ron Mansfield at the High Court in Auckland. Photo / Brett Phibbs

Some of Mansfield's most memorable cases include former Shortland Street actor Rene Naufahu, who was sentenced to home detention for indecently assaulting a number of women, and Alfred Keating, one of New Zealand's highest-ranking military officers and diplomats, who was convicted of planting a covert camera in a bathroom at the New Zealand embassy in Washington DC.

He is currently defending a media personality arrested in a major police operation against the Comanchero Motorcycle Gang and the man accused of the mysterious murder of Franklin man Denver Chance.

THE POLICE

Leading the team of police who investigated Millane's disappearance and then, after her body was found, her alleged murder, is Detective Inspector Scott Beard.

Beard is a seasoned and senior officer with more than 30 years' experience behind him.

From early on in the investigation - dubbed Operation Gourami - he fronted the media, giving updates about Millane and what police were doing to find her.

Detective Inspector Scott Beard at a press conference about Grace Millane. Photo / Doug Sherring
Detective Inspector Scott Beard at a press conference about Grace Millane. Photo / Doug Sherring

When Millane's father David travelled to New Zealand, Beard met with him and kept him briefed on the case.

He broke the news to David Millane that his daughter's body had been found - and then confirmed the break in the case to media moments later, drawing praise for his humanity and empathy.

Beard has continued to lead the investigation team as they built their case against the accused, and travelled to the UK to support Millane's family at her funeral.

It is understood Beard has spent time with David and Gillian Millane in the days leading up to the trial and will attend most, if not all days in court by their side.

THE FAMILIES

It is understood Millane's parents, David and Gillian Millane, will attend the trial.

When Millane first went missing her father flew out to Auckland to help police.

At the time her mother was undergoing treatment for cancer but is understood to be in good health at the moment.

Grace Millane's father David at a press conference before her body was found. Photo / Doug Sherring
Grace Millane's father David at a press conference before her body was found. Photo / Doug Sherring

The Herald has learned members of the alleged murderer's family are expected to attend parts of the trial.

The family did not want to comment on the case or the accused.

THE MEDIA

The trial is scheduled to run for at least a month and will be covered by local and international media.

The Herald, Newstalk ZB, Stuff, RNZ, TVNZ, MediaWorks, and a reporter for a group of UK papers will be at the High Court in Auckland for the duration of the trial.

Justice Simon Moore held a pre-trial conference with media representatives in October to discuss a range of issues and matters relating to proceedings.

The content of the conference is suppressed, but Justice Moore said the fact the briefing was held could be reported.

Parts of the trial will be filmed and there will be regular updates on the Herald and NewstalkZB websites throughout.

HOW THE TRIAL WILL WORK

A jury of 12 men and women will be empanelled at 9am on Monday, November 4.

Once they are selected and have chosen a foreperson, the trial will begin.

The trial will start at 10am each day and run until 5pm with morning, luncheon and afternoon adjournments.

A police car waits outside the City Life Hotel in central Auckland, the last place where British traveller Grace Millane was sighted. Photo / Emma Russell
A police car waits outside the City Life Hotel in central Auckland, the last place where British traveller Grace Millane was sighted. Photo / Emma Russell

Depending on witness, judge or lawyer availability, the trial may start or finish earlier or later on any given day.

In some cases, trials have been adjourned for full days to accommodate key players including jurors.

Justice Moore will make his opening remarks in which he will talk about the trial and describe his role and what the job of the jury is.

The Crown will then start its case with an opening statement in which either Dickey or McCoubrey will explain to the jury why the accused has been brought to trial.

They will likely give a rundown of the events they allege led to Millane's death, outline how they believe she was killed and what happened after that.

They may also explain the kinds of evidence they'll give to prove that the defendant is guilty.

The defence may then choose to make a short opening statement.

Once the opening statements are given, the Crown will call its witnesses to testify one by one.

They will question each witness then the defence will have a chance to question - known as cross examination.

The judge may question the witness at any time.

After the prosecution has presented all its evidence, the defence presents its case in the same way.

The trial for the man accused of murdering Grace Millane will start in the High Court at Auckland on Nov 4. Photo / NZ Herald
The trial for the man accused of murdering Grace Millane will start in the High Court at Auckland on Nov 4. Photo / NZ Herald

Brookie and Mansfield may or may not present evidence - including putting the accused on the stand to explain his side of the story to the jury.

Once both sides have presented their case, including full closing speeches, Justice Moore will sum up the entire trial to the jury.

He will then give the jury information that may help them decide on their verdict.

While they must accept what the judge says about the law, it is solely up to the jury to decide what the evidence has or hasn't proven.

After the judge has summed up the case, the jury will be directed to a private and secure room to deliberate.

DELIBERATIONS AND VERDICT

In most New Zealand trials, the jury is allowed to go home at the end of each day even if they haven't reached a verdict. They return the following morning to continue their deliberation.

But on rare occasions, the judge might sequester the 12 men and women, meaning they have to stay together until a verdict is reached.

Juries are sequestered only in serious or unusual cases and when that call is made accommodation and necessities are provided.

In New Zealand, the jury must try to reach a unanimous verdict where everyone agrees that the defendant is guilty or not guilty.

If the jury can't reach a unanimous verdict after a reasonable time, Justice Moore may accept a majority verdict.

Police near the scene where Grace Millane's body was found, buried off Scenic Drive in West Auckland. Photo / Doug Sherring
Police near the scene where Grace Millane's body was found, buried off Scenic Drive in West Auckland. Photo / Doug Sherring

If the verdict is not guilty, the man charged with Millane's murder will be allowed to leave.

If the verdict is guilty, a date for sentencing will be allocated and he will likely be
remanded in custody until then.

If the jury can't reach a unanimous verdict or a majority verdict, Justice Moore may declare a hung jury and there will be a new trial with a new panel of jurors.