'None of these things happened,' defence tells mistreatment trial

Photo/File

"Why?" - it is the burning question a jury has to wrestle with in a trial centred around the claimed kidnapping and torture of a man with the IQ of a child.

Opening his defence of Leneith Moeke, 36, in the High Court at Rotorua late on Wednesday, lawyer Gene Tomlinson said the "why" question centred around what reason Moeke had for doing the things he's accused of.

Moeke is on trial with his partner, Gene Karauria, 29, facing a raft of charges relating to the impaired man who lived in their Eastern Bay of Plenty home for more than two years after Moeke found him sleeping in bushes and living rough on the street.

Some of the charges are laid separately, others jointly, some are representative - meaning they allegedly happened more than once. Both accused pleaded not guilty when the trial began on August 7.

Mr Tomlinson reminded the jury the impaired man had not claimed any form of ill-treatment until after another man living in the house left. That man testified he hadn't seen any ill-treatment.

"Why did these decent folk suddenly turn into sadistic, torturous people, why did things change? The answer is they didn't, none of these things happened."

He urged the jury to remember 'this troubled kid" had been invited into their home by decent folk giving him a structured life with guidelines and boundaries, rewards and consequences.

He queried whether Moeke would suddenly come home one day and start hitting the complainant with an axe, turn him into a boxing bag , then leave him hanging upside down and unconscious.

He dismissed crown prosecutor Hayley Sheridan's claim Moeke had lost patience with him, countering that if that was the case he'd have kicked him out and contacted his family.

He urged the jury not to cut the man slack because of his disability.

"Everything to help him in this trial has been made available to him, yet still the evidence fails," Mr Tomlinson submitted, reminding the jury the man told lies.

"He is saying what he thinks people want to hear."

He will continue his argument on Thursday, followed by Karauria's lawyer Roger Gowing.

Justice Rebecca Edwards indicated she will sum up on Friday.