KEY POINTS:
The jury has retired to deliberate the verdict in the trial of a group of men charged with murdering Wanganui toddler Jhia Te Tua.
At the High Court at Wellington today, Justice Warwick Gendall told the jury of six men and six women to treat each of the
five men separately when considering their verdict.
Two-year-old Jhia died on May 5 last year after shots were fired at her parents' home in the Wanganui suburb of Gonville during a gang-related drive-by shooting.
Hayden John Wallace, 27, Karl Unuka Check, 26, Ranji Tane Forbes, 21, and Richard Anthony Puohotaua, 28, are accused of her murder.
Luke John Check, 24, is accused of being an accessory to murder after the fact.
They have all pleaded not guilty to the charges.
Justice Gendall told the jury that previous guilty pleas of some of those in the car and guilty pleas from others of the manslaughter of the little girl this week, should not impact on whether it finds the accused guilty or not.
Godfrey Muraahi pleaded guilty on Monday to manslaughter and taking part in an organised criminal group and Erueti Nahona pleaded guilty earlier today to charges of manslaughter, taking part in an organised criminal group, and assault.
The jury had to be sure beyond reasonable doubt that the accused were guilty, said Justice Gendall.
He summed up both the Crown and defence cases.
He said the Crown's case was that it was a drive by shooting and the attack was revenge.
Wallace had the task of shooting the weapon, he was Karl Check's prospect.
Karl Check had ordered the shooting and was guilty of murder.
Puohotaua and Forbes were also guilty of murder.
Luke Check assisted by helping Wallace get out of Wanganui.
The defence's case was that Wallace was not there and Karl Check did not order the shooting as he had no motive to.
Forbes' lawyer, Mike Antunovic said his client had been taking drugs and alcohol and had no motive to get involved.
Puohotaua's lawyer, Paul Keegan said his client thought he was going to a fight, and did not know about the gun.
Luke Check's lawyer, Debbie Goodlet said that her client did not know there had been a shooting and had not done anything to assist Wallace.
Justice Gendall warned the jury about hearsay, using identification evidence to reach its verdict, cell-mate confessions and accomplices who had given evidence.
Accomplices may be unreliable, warned Justice Gendall, because they could have ulterior motives like self protection
The jury had to reach a unanimous verdict, he said.
It retired just after 6.15pm to deliberate.
- NZPA
