He answered “I don't know”, he was “unsure” or he “didn't remember” events when questioned.
Crown prosecutor James Bridgman observed that the witness was demonstrating an unwillingness to cooperate, and Judge Warren Cathcart said it was plain Taiapa's manner had the intention of being unhelpful.
“It is arguable that he is also withholding evidence, although that ground is not as strong,” the judge said.
He declared the witness hostile.
Jakhan Kaiwai and Tyrique Moana have pleaded not guilty to charges relating to two dairy robberies that took place on May 17, 2021. Kaiwai has separately pleaded guilty to two vehicle charges and one of aggravated robbery relating to incidents in January last year.
The witness Taiapa made statements to police that implicated Kaiwai and Moana in the May 17 robberies.
Questioning the witness, first Mr Bridgman, then Leighvi Maynard and Alistair Clarke, counsel acting for Kaiwai and Moana respectively, were able to establish that Taiapa had signed the statements but little more than that.
The court was later shown video evidence of one attempted robbery and a robbery at two dairies in Gisborne.
At the first dairy, a masked man carrying a stick is seen running in and attempting to snatch the cash register. After a shop assistant throws a chair at him and he is unable to pull the register away, he flees the scene, with several people seemingly pursuing him.
Not long after that, on the same evening, video recordings show a masked man entering another dairy only a few minutes' drive away. A shop assistant backs off as he walks behind the counter, lifts the register and walks out with it.
Taiapa's second statement on May 18 implicated the two defendants in the incidents as he referred to people named “T” and “Shakan” or “Jakahn”. The court heard he allegedly pointed to Moana in a photo montage the police provided him with.
Under questioning by Mr Clarke, Taiapa said he remembered his personal details were on the police statement, such as his name, address, phone number, and date of birth, but he said he did not know how police had got them.
He said he had lied in his statement to a detective about a person called “T” needing money.
“All of it is a lie,” he said.
Police witness Detective Ian McKinnon appeared via AVL, and he testified that on May 18 last year he had responded to a call at 9.30am about suspicious behaviour at an address in Gisborne. There, uniformed officers arrested Dominic Taiapa and he took an initial statement from him, then a second one later in the day.
Det McKinnon told the court Taiapa had said in his statement that he (Taiapa) was in the vehicle during the two robberies, and took some of the proceeds.
McKinnon presented Taiapa with the photo montage and Taiapa pointed to photo number two, of Tyrique Moana.
Mr Maynard asked Det McKinnon why Taiapa was not presented a photo montage including a picture of Jakahn Kaiwai, considering Taiapa referred to a person he called “Jakahn” or “Shakahn”, whose surname he did not know.
The detective told the court he did not know Kaiwai was also in custody, and did not make inquiries.
Mr Bridgman asked him why he had not prepared a photo montage for Kaiwai.
“I didn't consider doing a montage. I was told to release him by my direct supervisor”.
(Proceeding)
