Lawyer plans to seek bail for double murder accused

Lawyer Lorraine Smith says Chris Kahui did not murder his twin sons, and that 'The police have got the wrong person.' Picture / Richard Robinson

When Chris Kahui next appears in court his lawyer will be asking for bail on the grounds that he is a young man with good family support and no previous convictions.

Kahui, 21, was yesterday remanded in custody for two weeks after appearing in the Manukau District Court on two counts of murder.

It is alleged he killed his twin baby sons Chris and Cru Kahui, who died in hospital after suffering serious head injuries in June.

During the brief appearance his lawyer, Lorraine Smith, did not enter a plea on Kahui's behalf or seek name suppression.

Nor did she ask for bail and Kahui was taken into custody by consent, smiling at his family in the public gallery as he left the dock.

Mrs Smith told the Weekend Herald she strongly believed Kahui was innocent and she was preparing a case to prove that.

"As far as I am concerned the police have got the wrong person and I'm going to fight for him."

Mrs Smith said she would make a bail application at Kahui's next appearance, due on November 10.

She said it was not unheard of for people facing such serious charges to be released on bail and he had a good case for the application.

The Crown was unable to comment last night on what stance it would take as prosecutor Simon Moore had not seen an application for bail.

Auckland University faculty of law associate professor Scott Optican said that under the Bail Act it would not be impossible for Kahui to be granted bail.

He said judges had to consider the risks of flight, interfering with evidence or witnesses and the risk of repeat offending when deciding on whether to grant bail.

But even with all those factors taken into account, Mr Optican said, bail was not normally granted for people facing very serious criminal charges.

Outside the court yesterday Mrs Smith said Kahui had a huge amount of support from his family. "They love him and they believe him."

She said Kahui was shattered but acting "courageously and bravely" after his arrest on Thursday night.

The next step for him will be the bail hearing, followed by a pre-depositions hearing in December. Depositions will be held next year to determine if there is enough evidence to go to trial.

If the case does go to trial anyone who has given statements to the police during the 20-week police investigation can be summoned to appear as a witness.

Mrs Smith said she did not think it would be a problem finding an unbiased jury for a trial, despite the case being so widely discussed in the public arena since the twins' death.

"Over the past 26 years I have noticed a pattern [in court]. Once they settle down and start to listen to the evidence, people really grapple with the evidence and really try to be fair."

Inquiry head Detective Senior Sergeant John Tims said he could not comment much now that the arrest had been made but police were confident of the case against Kahui.