Mark Hohua was beaten to death by the “men he called his brothers” because he was secretly using his gang’s bank account to make online purchases, Crown prosecutors say.
It is the Crown’s case the long-time patched member was found to be stealing funds by placing layby orders online using the Tribesmen’s gang account. A group assault, known in the gang as a “hotbox”, was carried out but it went too far and Hohua died from his injuries.
Five members of the Aotearoa chapter of the Tribesmen - Te Patukino Biddle, Conway Rapana, Heremaia Gage, Ngahere Tapara and Dean Collier - are on trial in the High Court at Rotorua, jointly charged with the 48-year-old’s June, 2022 killing at a property in Waimana in eastern Bay of Plenty.
Prosecutor Sunny Teki-Clark opened the Crown case on Monday before a jury and Justice Geoffrey Venning.
Teki-Clark said a “hotbox” beating was inflicted when someone in the gang committed a wrongdoing.
Gang members became aware there was money missing from the Tribesman account and noted there had been unauthorised purchases on the website Layaway - an online layby system.
The purchases took place between September 2020 and September 2021 and were made by direct debit from the Tribesman account.
Hohua did not have authority to make the purchases. It was the “number one item on the agenda of the club meeting” on June 18, 2022, that Hohua must be hotboxed, Teki-Clark told the jury.
The hotbox was carried out at a property on Hodges Rd at Waimana and lasted about 40 minutes. It started in a shed and as Hohua tried to protect himself, the assault moved around other areas of the property.
Teki-Clark said it was a “small mercy” Hohua’s son was removed from the property so he was not present to witness what happened to his father.
Hohua was put in the boot of a car and driven to a nearby river to be “cleaned up” but the assault continued at the river.
When he was returned to Hodges Rd, he was moved to the back of another vehicle and driven to Whakatāne Hospital by Collier and Tapara, Teki-Clark said.
Hohua was unconscious and bleeding from the mouth and nose. Teki-Clark said Collier and Tapara told hospital staff they did not know the man and found him beside a bridge. They said they could not stay because they needed to go to work.
Hohua was airlifted to Waikato Hospital where a scan revealed he suffered a brain bleed and several fractures. He died the next day.
Teki-Clark said Hohua had been a patched member of the Tribesmen gang for many years. Biddle was described as a patch member, Rapana as the gang’s president, Gage as the vice president, Tapara as a patch member and Collier as a prospect.
The Crown would produce evidence from CCTV at the Taneatua Superette and drone footage taken of the property “as fate would have it” before and after the assault. Police had a warrant to obtain the footage. Both sets of video evidence would show who was at the property at the time of the assault.
Teki-Clark said Biddle delivered the most significant blows but all were involved and encouraged each other to be involved. He said all five men ran the risk Hohua would die.
He said Rapana was the president and it happened under his leadership. Gage, like Rapana, had a senior leadership role in the gang and also participated in the hotboxing. Tapara arrived afterwards but joined in the assault and Collier might have been following orders but was still a willing participant.
All five defence lawyers gave brief opening addresses to the jury.
Biddle’s lawyer, John Munro, told the jury Hohua did not die from the assault, he died from a fall.
He said the jury would need to carefully listen to witnesses about the cause of Hohua’s death.
He said they would need to pay attention to issues of gang hierarchy and if there were allegiances that would impact witnesses’ honesty and accuracy.
Rapana’s lawyer, Steve Franklin, said there was not a hotbox or “nasty event” ordered as the Crown said.
He said not every violent act involving the Tribesmen was a hotbox.
“There was a series of fights that morning and no one intended for him to die. There was never a plan to end the life of Mark Hohua.”
Gage’s lawyer, Rebekah Webby, said her client was at Hodges Rd but was not involved in an assault. Although he was the vice president, he did not sanction a hotbox. The meeting that day was instead to discuss an issue with the Killer Beez gang, she said.
Lawyer Caitlin Gentleman, for Tapara, said she asked where the evidence was to prove her client was involved.
“There is real doubt about Mr Tapara’s involvement in the death of Mr Hohua.”
Lawyer Scott Mills, for Collier, agreed with Teki-Clark when he said his client was distraught and anxious at Whakatāne Hospital.
“What happened on June 18 was tragic. But he simply was not involved. All he was trying to do that day was help, such as anxiously look for medical help.”
The trial is expected to last four weeks.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.