No need for graphic killing photos, argues lawyer

The controversial All Blacks haka Kapa O Pango made an unexpected appearance at the Court of Appeal yesterday.

Lawyer Christopher Comesky argued that graphic photographs of murder victim Bin Lin should not have been shown to an Auckland High Court jury during the murder case against Wen Hui Cui, saying witnesses could have instead gauged the extent of the woman's injuries from a gesture, such as the haka's throat-cutting action.

In September 2004, Cui, then 21, was sentenced to life imprisonment with a minimum non-parole period of 19 years for murdering Bin Lin, 21, also known as Ruby, and Ge Li, 20. He was also convicted of attempting to murder 22-year-old Jun Xin.

Ruby died after an argument with Cui, her estranged boyfriend. Cui then stabbed her two male friends, killing one.

Yesterday, Cui appealed against both conviction and sentence. His lawyers, Mr Comesky and Antony Shaw, said a mistake regarding the relationship between intoxication and provocation had been made by the prosecution and repeated by trial judge Justice Judith Potter in summing up.

Mr Comesky said the graphic photographs of Ruby's injuries had horrified and potentially prejudiced the jury.

For the Crown, Brendan Horsley said there was no doubt Cui's attack on Ruby was premeditated. He argued Justice Potter had not misdirected the jury.

The three Court of Appeal judges reserved their decision.