Accused claims self-defence

A jury retired this morning to consider its verdict in the case of a man accused of using his quad bike to deliberately mow down two neighbours in the backyard of their Whakaki home.

William Kahukura, 67, went on trial on Monday for two counts of assault with a weapon (his quad bike) in relation to an incident in the late afternoon of July 8 last year.

The complainants are his former sister-in-law Glenys Kahukura and her partner Kevin English.

At the outset of the trial, Kahukura's counsel indicated he was likely going to rely on a defence that he drove into the couple accidentally.

But giving evidence yesterday he described his actions as amounting at times to self-defence. He even claimed to have intentionally ridden over his relative's legs a second time in what he said was a desperate bid to escape the situation.

That evidence and much of the rest of his account was different to the complainants'.

The complainants said they went outside to try to speak with Kahukura about their belief he drove into and damaged their trailer the week before.

But Kahukura instead of stopping, aimed the bike at them. Mr English said he grabbed a 6ft stick — used to prop up the couple's washing line — and tried to ward him off. But Kahukura mowed him down anyway.

Mrs Kahukura said she was rammed trying to go to the aid of Mr English. She was caught under the bike lengthways between both sets of wheels and dragged about five metres. She screamed out but Kahukura and Mr English, who were tussling above her, did not hear. She only managed to get herself free when Kahukura reversed.

They were fortunate not to be seriously injured — probably only because the ground was boggy from recent heavy rain, they told the jury.

By contrast, Kahukura said he believed he was about to be attacked by the couple.

He said he deliberately veered into Mr English to evade a stick he threw — one much bigger than the washing line stick.

He denied ramming Mrs Kahukura but said she slipped and went under the bike. He said he quickly dismounted and lifted the bike up, yelling at Mr English to drag his partner out.

He said Mr English did nothing and was more concerned with trying to attack him.

Kahukura said to flee the situation, he had no choice but to drive forwards, over Mrs Kahukura's legs for a second time.

He felt under threat from start to finish. Mr English hit him about three times with the stick and grabbed at his hand on the throttle, causing the bike to lunge into a fence and his face to hit the corner of their house.

Crown prosecutor Lara Marshall said from the Crown's perspective, Kahukura's actions were only ever intentional.

His story had evolved to suit the circumstances and differed to the complainants', which was supported by other evidence including photographs of wheel marks that confirmed their accounts of the bike's movements and where they were hit.

There was no self-defence. Kahukura was in control of a powerful, fast-moving vehicle, on which he could have got away at any time. The complainants at best had a stick.

She noted Kahukura's evidence was the first mention of any stick other than the washing line one.

His evidence was implausible, Ms Marshall said.

She pointed to his account of running over Mrs Kahukura, noting his claim she was sideways under the bike, not lengthways as she said.

Instead of trying to lift her out, Kahukura on his evidence went to the front of the 500kg bike and singlehandedly lifted it up while being strangled from behind by Mr English and under threat from a flying stick Mr English had somehow also managed to unleash, Ms Marshall noted.

“Then instead of taking off on foot, dragging his relative out from between the wheels, or making other efforts, he jumps back on the bike and intentionally — on his evidence — re-rides over her legs.

“The two back wheels of his quad bike went over her legs a second time and as he told you that was what he intended to do,” Ms Marshall said.

“He then suggested the couple, fresh from being run over, chased him from the property,” she said.

Rather than fleeing to his home, Kahukura stopped outside the property and continued to yell, she said.

Ms Marshall said the defence might try to make some moment of comments Mr English made to the 111 operator about a guard dog and a sledge-hammer but they were throw-away comments.

She told the jury not to be distracted by the defence's focus on a longstanding land grievance between the couple and Kahukura. It was accepted and irrelevant. What mattered was what happened that night and Kahukura's mindset in the moment, Ms Marshall said.

In his closing address, counsel Adam Simperingham said the background was relevant. This case was about sour grapes — the couple's simmering tension after losing a long-running battle to keep Kahukura from acquiring a section next to theirs.

That acrimony peaked ahead of the incident when Kahukura was riding his quad bike daily past their house to feed his sister's pig and the couple formed the view he somehow damaged their trailer.

Kahukura did not intend to cause any harm. The fact the couple were injured, albeit thankfully not seriously, that they were upset and shaken, did not detract from the defence case that what happened was either accidental or self-defence.

Kahukura was not under control in the situation as the Crown suggested.

The incident happened over a matter of just seconds.

He feared for his life — he feared being hit with the stick. It was a two against one situation.

It was accepted his decision to ride over Mrs Kahukura's legs a second time was intentional but that was a clear case of self-defence. Kahukura was under attack and needed to get out of the situation as further demonstrated by the fact he rode away side-saddle, Mr Simperingham said.

When he stopped outside the property he remonstrated with the couple and implored them to phone police. That was consistent with Kahukura being an innocent man, as were his dealings with police afterward, Mr Simperinham said.