KEY POINTS:
Chris Kahui's lawyer Lorraine Smith said that the mother of the twins, Macsyna King, probably "did it" in her brief opening statement in the High Court of Auckland today.
She said the defence has a witness who was told by Ms King that she was responsible for the
deaths of three-month-old twins Chris and Cru Kahui, who died 12 hours apart on June 18, 2006.
Ms Smith said "you will hear Macsyna King told a witness 'she did it, and Chris didn't.'"
The twins father Chris Kahui is charged with the murder of both infants.
"There is no direct evidence or even one witness to say that Chris Kahui did it," Ms Smith said.
The High Court at Auckland earlier heard how the Kahui twins had suffered serious injuries prior to suffering from those that later proved fatal.
Crown prosecutor Simon Moore said a post-mortem examination found that babies Chris and Cru Kahui had previous fractures and an examination showed that baby Chris had an existing brain injury.
The court also heard how baby Cru was found not breathing with purple lips, floppy arms and eyes rolled back in his head.
Mr Moore told the court that Mona Kahui was asked by her brother, double murder accused Chris, to pick up baby Cru on the night of June 12.
Mr Moore said it was then that the baby was found not to be breathing and needed to be given CPR.
The next day when the twins' mother was told of the episode she "just exploded" at Kahui, Mr Moore said.
"She yelled and demanded to know what had happened," Mr Moore said,
He then told the court how the twins were taken to their local GP in Otahuhu who immediately realised that they were "neurologically" ill.
The twins had not been fed that morning and had not woken up.
Mr Moore also told the jury that it was likely that the twins had been grasped with such force that their young ribs "popped".
As this was being done, or in connection to this, each twin was slammed on to a firm unyielding surface.
"It might have been the floor. It might have been a wall, or a mattress in the cot," Mr Moore said.
Mr Moore said the twins' brain injuries were similar in nature and caused by the same person.
"Whoever did it must have known the likely outcome," Mr Moore said.
The jury was warned to ignore "sensational" media coverage of the case.
Both twins had multiple injuries, including head injuries and brain damage, and one had a broken thigh bone.
Mr Moore finished a near two-and-a-half hour opening address to the jury, summing up the Crown's case.
He asked the jury to put aside all sympathies and prejudices before making a judgment in a trial that will be a "long and arduous trial".
"It's been a long time since a criminal case has attracted as much public attention as this one or as much political comment," Mr Moore said.
Justice Geoffrey Venning told the 12 jurors at the High Court in Auckland today to ignore all previous reports and publicity about the case.
He said that some media coverage had been "sensational" and jurors should "put it to one side".
"The best way to approach it is to leave it outside this court room," Justice Venning said.
The hearing was earlier delayed after a cameraman suffered a fit and the courtroom was cleared.
Twelve members of the public were selected as jurors after the hearing resumed.
Defence counsel Lorraine Smith and the prosecution for the Crown used all six of their respective challenges during the process.
One prospective juror was excused because she knew a witness and at least two jury members were excused because English was their second language. Three others were also dismissed for unknown reasons.
The Crown has issued a list of 78 witnesses including specialists from Starship Hospital and family members of murder accused Chris Kahui.
Some 40 defence witnesses are also expected to be called during the trial, which is scheduled to last seven weeks.
Police originally thought the twins died from "shaken baby" syndrome, but said later autopsies revealed their head injuries were the result of a blow or coming into contact with a solid object.
The twins were born prematurely and spent several weeks in hospital before being taken home to live with their parents.
But they were there only five weeks before being admitted to hospital and eventually dying.
- NZHERALD STAFF and NZ
