Murder verdict looks certain to be quashed

Rex Haig headed to the pub yesterday after the Court of Appeal indicated that it was likely to quash his 1995 murder conviction.

Haig, 59, was in court for the bid to overturn his conviction for murdering Mark Roderique, a member of his tuna boat's crew, at Jacksons Bay on the West Coast in 1994.

At the end of the hearing, Haig referred all questions to his lawyer, Jonathan Eaton, and headed to Wellington's Backbencher pub with supporters.

Justice William Young had already told the Crown it had a "problem" with Haig's conviction.

And yesterday the court asked Mr Eaton to speak only about whether there should be a retrial, as opposed to a simple quashing of the conviction.

At the end of the hearing Justice Young, sitting with Justices Grant Hammond and Robert Chambers, said the court would issue a written decision.

Haig served 10 years in prison for Mr Roderique's murder before being given parole in 2004.

The Court of Appeal's decision may have an impact on more than one murder decision - during the appeal it was asserted that Haig's nephew and crewman David Hogan was responsible for Mr Roderique's death.

Hogan was given immunity from prosecution and a $13,000 reward in exchange for testifying against Haig, but a successful appeal from Haig will raise the question of what to do about Hogan.

Hogan has also been implicated in the murder of Anton Sherlock, who had given a statement saying Hogan had admitted Mr Roderique's murder to him.

Another man, Nigel Johnstone, is serving a life sentence for Mr Sherlock's murder.

Mr Eaton said yesterday that an appeal was lodged for Johnstone at the same time as Haig's but no formal response had ever been given.

The Court of Appeal yesterday turned to the question of whether there should be a retrial if it quashed Haig's conviction.

Justice Hammond said a major factor against a retrial would be that if Haig was convicted he would have to be given a fresh life sentence even though he had already served his time in jail.

"That's absolutely bizarre," Justice Hammond said.

Responding to the justices' question why the conviction should simply be quashed and no retrial ordered, Mr Eaton said questions had already been raised about how good witnesses' recollections were just four or five months after the incident, and it was now about 12 years on.

The death of Peter Squires - who heard words between Mr Roderique and Hogan from his boat Koromiko, which was tied up alongside Haig's boat Antares in Jacksons Bay - would also dent the force of his evidence at a trial.

"This would be pivotal at trial with a live witness - Hogan - going and saying this did not happen."

Mr Eaton said there were several reasons why a retrial should not be held and it was the "cumulative impact of these features" that made a trial unfair.

It was also unfair in that all the affidavits now being relied upon to overturn the conviction had been made available to the Minister of Justice in 1999.

"It's now 2006 and in the meantime Mr Haig continued to serve his sentence," Mr Eaton said.

"Through no fault of his own it has taken an inordinately long time for this matter to be considered by the court."

Since the incident, seven or eight key witnesses had died.

Crown lawyer Kim Hastie argued there should be a retrial, saying the Crown still believed there was sufficient evidence against Haig, notwithstanding the grave concerns raised about Hogan's pivotal evidence.

Ms Hastie said Haig had still had the opportunity to commit the murder.

She accepted that the deaths of several key witnesses would make a retrial problematic and the fact Haig had already served his time meant justice did not necessarily demand a retrial.

"It also raises the question: Should the Crown Solicitor be looking at charging Hogan?"

Outside the court, Mr Eaton said it had been a "very good" hearing.

He said Haig believed the conviction should be quashed and no retrial ordered.

* The Appeal

Rex Haig wants the Court of Appeal to quash his conviction for murdering his tuna boat crewman Mark Roderique at Jacksons Bay on the South Island's West Coast in 1994.

Haig served 10 years in prison for murder before being paroled in 2004.

- NZPA