Brother accused of hut arson

Two men accused of burning down a hunting hut are on trial in the Wanganui District Court.

David Allen Anderson, 46, and Charles Jason Wipaki, 46, yesterday pleaded not guilty to arson.

The Crown alleges Anderson flew himself and Wipaki in his Robinson helicopter to his brother Norman Anderson's hut in Hihitahi, north of Taihape, and deliberately burned it down.

Crown solicitor Harry Mallalieu said that, while it couldn't be proved which of them did it, Anderson instigated the event because he had a beef with his brother, and Wipaki at least aided, abetted and encouraged him to commit the offence. Anderson wouldn't have wanted to light the fire by himself, Mr Mallalieu said, he would want support or assistance, and Wipaki provided it.

Mr Mallalieu said the brothers had a falling out in 2004 which resulted in Norman Anderson assaulting his brother. He was convicted of assault, and after that there was little to no contact between the pair or their families.

In the days before the hut burned down, Anderson had been flying over Norman's house at low level, the Crown alleged.

On August 9, Anderson's helicopter was seen by his brother travelling past his house in the direction of the hut, which was originally a caravan that had been extended.

A neighbour also saw the helicopter in the area of the hut, and got the impression it had just taken off. He saw it take a non-direct route to Taihape, Mr Mallalieu said.

On August 10, the neighbour who leased the land on which the hut stood found it burned and still smouldering.

Mr Mallalieu said two flights Anderson made over the home were not recorded on his GPS, indicating it had been turned off.

Anderson's manual record book was in accordance with the GPS unit except for two instances on August 7 and 9, when the data did not match visual or log accounts, or was missing.

Some of the GPS data also corresponded to low flight levels.

Anderson admitted making a trip to Hihitahi on August 9 but denied burning down the hut or making low-level flights.

Wipaki admitted being with Anderson on August 7 and 9 in the hut's vicinity, but denied any involvement in burning it down.

Mr Mallalieu admitted the Crown case was circumstantial, but said there was a clear logical inference that the pair burned down the hut.

There was "considerable" background evidence and episodes of intensity of activity around Norman's house that culminated in the burning of the hut, he said.

Anderson's defence counsel, Roger Crowley, told the jury to be careful not to add two plus two and get seven.

He said Anderson and his friend were not charged with having a bad-blood relationship with Norman.

The Crown was inviting them to think that because of that they must be responsible for the arson, but that was not supported by evidence, he said.

There was no forensic evidence, no one saw them, there were no finger prints or video.

The trial before Judge Michael Behrens continues.