One of two alleged "Casper the ghost" robbers who are on trial for holding up Te Puke Jewellers and Katikati's Post Shop in July 2009 has had all charges against him dismissed.
The men earned the nickname because of the distinctive white masks they allegedly wore while committing the crimes.
But in Tauranga District Court yesterday, Judge Robert Wolff discharged 22-year-old Harley Adlam from Rotorua on two charges of aggravated robbery and one of dishonestly getting into a motor vehicle. He suppressed the reasons for doing so until the end of the trial.
The trial for Adlam's co-accused, Desmond Galvin-Taikato, 18, also of Rotorua, will end today.
Galvin-Taikato's lawyer, John Bergseng, has opted not to call any evidence on behalf of the defence.
Crown prosecutor Catherine Harold yesterday told the jury the evidence showed Galvin-Taikato was one of four people involved in the robberies, as he had clearly been identified by two Rotorua police officers as the person captured in CCTV footage pumping gas into the stolen Nissan Skyline used in the crimes at Gull Paengaroa on July 24, 2009 at 10.50am. Both officers confirmed having dealings with the accused over several years, she said.
Ms Harold said about 25 minutes later, four men arrived at Te Puke Jewellers in the Skyline with their faces covered by ski masks and robbed and assaulted the owner.
Then, at about 12.45pm, the Skyline was filled with petrol at Caltex in Greerton, again with four men inside. One was wearing the same distinctive dark hoodie as the accused man.
At 2.25pm, the Katikati Post Shop was robbed by three men wearing white masks, one armed with a sawn-off shotgun, while the fourth acted as a lookout or getaway driver.
Ms Harold said Galvin-Taikato's fingerprint was found on the driver's licence belonging to the owner of the stolen Skyline. It was found in Pyes Pa Rd, near the dumped car.
She told the jury the visits to the petrol stations were linked to the robberies, and together with the CCTV footage and fingerprint evidence, proved Galvin-Taikato was involved in both crimes.
But Galvin-Taikato's lawyer, John Bergseng, argued that the Crown's suggestions about key events were not logical.
"Inferences are not proven facts and the Crown is asking you in this case to fill in the gaps, to speculate ... one thing you cannot do in any criminal case."
Mr Bergseng said there was not "one solitary shred of evidence" linking his client to either robbery, even if the jury were satisfied it was the accused seen in CCTV footage at the gas station.
"I ask you to use common sense and see the difficulties the Crown have, both in terms of the inferences they are asking you to make in the timing of events and the identification and the fingerprint on the driving licence."
Mr Bergseng said the fingerprint evidence was not enough to link Galvin-Taikato to the robberies, as there were a number of other possibilities as to why it was on the licence.
He said it was not sufficient for the jury to consider his client was "maybe, possibly or even probably" involved, as they must be sure of his guilt.
Judge Wolff is due to sum up the case for the jury this morning before it retires to consider its verdict.
Alleged 'Casper robber' cleared
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