NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • Deloitte Fast 50
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / New Zealand

Police clear themselves of blame in Kahui case

By Stephen Cook
Herald on Sunday·
27 Sep, 2008 04:00 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save
    Share this article
Detective Senior Sergeant John Tims. Photo / Richard Robinson

Detective Senior Sergeant John Tims. Photo / Richard Robinson

KEY POINTS:

Police have officially cleared themselves of any blame over their handling of the Kahui double murder investigation, insisting the decision to charge the twins' father was the right one.

The contentious findings come four months after a High Court jury threw out the police case against 23-year-old Chris
Kahui, who went on trial this year for the murder of his twin boys, Chris and Cru.

Despite the acquittal, and the fact no one else is likely to be held accountable for the deaths, the formal evaluation of the police case - which was branded a "disaster" by Kahui's lawyer Lorraine Smith - makes few recommendations.

The report confirms new guidelines for dealing with infant homicides, including how to manage a crime scene, but there is no criticism of police for allowing members of the so-called "tight 12" - the extended Kahui family - to stonewall their inquiries.

All the report acknowledges is that "liaison with the family was always going to be difficult".

The debrief, carried out over a fortnight by Detective Superintendent Malcolm Burgess and released to the Herald on Sunday under the Official Information Act, also endorses the decision to charge Kahui, and not the twins' mother Macsyna King.

It says the decision was based on "medical evidence and the elimination of other possible suspects".

Throughout the trial, Smith maintained police ignored significant evidence against King, including the fact she lied about her whereabouts around the time the twins suffered their fatal injuries.

She has also raised issues over the delays in disclosing evidence during the lengthy investigation. That matter is now before the Independent Police Complaints Authority.

Chris and Cru were 3 months old when they were admitted to Auckland's Starship hospital with severe head injuries in June 2006.

Days later they died, sparking one of the most frustrating police investigations in recent history as family members closed ranks.

It took police four months to finally arrest Chris Kahui, who they argued was a stressed-out father who had "snapped", inflicting the fatal injuries in the minutes he was alone with the twins on the night of June 12, 2006.

The trial took six weeks as the prosecution called 65 witnesses.

The jury of seven men and five women had to consider 1933 pieces of paper evidence.

The defence painted 31-year-old King as a poor mother who drank heavily and smoked P while the twins were in her care.

Despite the jurors taking less than 10 minutes to acquit Kahui, inquiry head Detective Senior Sergeant John Tims maintained, based on the evidence, that police had charged the right person.

Others, like top Auckland lawyers Chris Comeskey and Barry Hart were not so sure, saying police should have looked more closely at King.

Maori leaders also waded into the debate with former MP John Tamihere one of the most vocal.

"My response to the acquittal... ranges between frustration at a police force that was too quick to charge Chris Kahui... and rage at the twins' family who closed ranks and refused to speak to detectives," he said.

In his findings, Superintendent Burgess found that "based on the medical evidence and the elimination of other possible suspects, Chris Kahui became the logical suspect and the focus of the police investigation".

"It is clear from an evaluation of the investigation that it was thoroughly completed with all likely lines of inquiry properly developed and taken to a logical conclusion," Superintendent Burgess found. "There was ample evidence for this matter to lead to a prosecution and upon which a jury might have convicted."

Tims did not return Herald on Sunday calls but Smith's co-counsel Michelle Wilkinson-Smith said it was no surprise police had taken the decision not "to hang anybody out to dry over this".

Police had put too much faith in evidence from one doctor who believed he had isolated the "most likely" timeframe of when the twins injuries had occurred.

However, when that evidence was later contradicted by another doctor, the whole of the Crown's case became flimsy, she said.

"Police will tell you they charged the right man. I am absolutely convinced they didn't."

Crown prosecutor Simon Moore rejected that claim, saying if the evidence had pointed toward King she would have been charged.

He admitted it was "unsatisfactory" that no one would pay for the deaths of the twins but said people should not lose sight of the fact the role of police and the Crown was to present the evidence to a jury so it could then make a determination.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.
Save
    Share this article

Latest from New Zealand

New Zealand

Are you $17m richer? Lotto numbers drawn for massive prize

New Zealand

Uber driver caught with homemade stun gun on his dashboard

Wellington

'Solidarity and hope': Wellington forms partnership with Palestinian capital


Sponsored

Revealed: The night driving ‘red flag’

Advertisement
Advertise with NZME.

Latest from New Zealand

Are you $17m richer? Lotto numbers drawn for massive prize
New Zealand

Are you $17m richer? Lotto numbers drawn for massive prize

Check your tickets for the winning numbers.

06 Aug 08:32 AM
Uber driver caught with homemade stun gun on his dashboard
New Zealand

Uber driver caught with homemade stun gun on his dashboard

06 Aug 08:00 AM
'Solidarity and hope': Wellington forms partnership with Palestinian capital
Wellington

'Solidarity and hope': Wellington forms partnership with Palestinian capital

06 Aug 07:30 AM


Revealed: The night driving ‘red flag’
Sponsored

Revealed: The night driving ‘red flag’

04 Aug 11:37 PM
NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP