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Home / Whanganui Chronicle

Swain didn't confess to killing, says defence

By Melissa Wishart
Whanganui Chronicle·
30 Oct, 2015 08:00 PM5 mins to read

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Neil Raymond Swain

Neil Raymond Swain

"They shouldn't be doing me for murder - I didn't murder any c***," Neil Raymond Swain told a friend he'd already allegedly confessed the murder to.

But this friend's evidence was criticised by defence lawyer Mike Antunovic yesterday during Swain's trial in the High Court at Palmerston North for the murder of Wanganui man Whetu Hansen.

Mr Hansen was last seen driving towards Linton on November 24, 2013, after he had sent a text to Swain's phone, asking if he was at home.

Swain's friend claims the accused showed up at his house on that day, just after committing the murder, and told him he had "killed the p****".

The 57-year-old is alleged to have shot Mr Hansen about four times in the head during an argument about some equipment Mr Hansen had taken, sealed his body inside a 44-gallon drum and dumped it in the Whanganui River.

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The jury were given transcripts yesterday from a secretly recorded conversation between the witness and Swain during a visit to Manawatu Prison, which the witness agreed to to help police.

Mr Antunovic suggested earlier this week that Swain didn't tell the witness he killed Mr Hansen but that Mr Hansen arrived at the accused's Akers Rd property in Linton fatally wounded and died while there.

He questioned the witness about whether Swain had mentioned two men responsible for Mr Hansen's death also showing up at the property and leaving behind a gun which had previously been sold by the witness and could be connected to him.

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The witness disagreed, however, and said Swain never told him any of that.

During the recorded conversation, Swain refers to "a couple of guys" coming to his property.

"Because the way he talked, ya know, because as I've said, I've said there were a couple of guys there who f******, ya know, come and took him away," Swain told the witness.

Mr Antunovic pointed out the words "as I've said", saying it was "very clear" Swain had told the witness about the two men previously.

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The witness disagreed, and Mr Antunovic noted the witness "changed the subject" after that comment.

"Why didn't you get him to say more about these two guys instead of changing the topic?" Mr Antunovic asked.

The witness said he "couldn't see any point" in talking about the two men, to which Mr Antunovic suggested: "You didn't want him to start talking about these couple of guys because that would affect the story that you had made up when you spoke to the police."

The witness replied: "No, that couple of guys he was talking about were a load of bullcrap ... a figment of Neil's imagination."

Swain refers to the two men several more times in the transcript.

During another recorded conversation between the men, Swain said he shouldn't be done for murder as he "didn't murder any c***", at which point the witness said: "Yeah. Yeah, so much for the f****** big storm we're meant to be getting this weekend."

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Mr Antunovic suggested that was the "perfect opportunity" to help police by saying something along the lines of: "Don't worry, Neil. I won't tell anyone what you told me, that you did it."

The witness said a prison guard was standing nearby at the time.

"So, instead, your tactic when his denial of murdering anyone is raised by him, your response is to change the topic completely and start talking about the weather?" Mr Antunovic said.

He pointed to the witness's criminal history, which contained convictions for fraud and other dishonesty-related offending.

"The big fraud that you're committing in this decade is what you're telling the court Mr Swain told you on the 24th of November, 2013, isn't it?" he said.

The witness said it was not.

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Mr Antunovic raised a number of moments in the conversation where the witness could have said something to get Swain to say something incriminating, but didn't.

During re-examination, Crown prosecutor Ben Vanderkolk pointed to one part in the transcript where the witness said to Swain: "Yeah, you didn't tell anyone else you'd turned him off, did you?"

The witness told Mr Vanderkolk "turned off" was slang for killing someone. Swain then whispers something inaudible before saying: "Nah, nah, nah, they, they turned the power off."

A former partner of Swain's also gave evidence yesterday saying she was taken to meet Swain several days after Mr Hansen's death and he told her what happened.

"He said that Whetu had arrived ... He arrived, what you might say, fatally ill, fatally injured," she said.

The woman, who has name suppression, said Swain told her Mr Hansen "died in his arms".

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She said Swain, despite being friendly to Mr Hansen, would often show dislike for him behind his back.

"Because sometimes when [Mr Hansen's] left the shed and left the property ... [Swain would] say: 'Watch him, 'cause he's a f****** thief'."

The trial, before Justice Brendan Brown, continues on Monday.

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