Couple deny role in Tribesmen drive-by shooting at Black Power

Kyle O'Callaghan is on trial with Clarissa Yates in the High Court at Whangarei for his alleged involvement in a drive-by shooting in Kaitaia. Photo / Michael Cunningham

A Northland couple are on trial after a drive-by shooting between rival gangs.

Clarissa Yates, 31, and Kyle O'Callaghan, 24, have denied wounding with reckless disregard and a two-week jury trial started in the High Court at Whangarei on Monday.

A third person, who the Crown alleged fired a volley of shots, has pleaded guilty to the charge but has interim name suppression.

The Crown alleges Yates and O'Callaghan were with that person, a Tribesmen gang member, when the shots were fired in the early hours of February 2, 2016, on
Archibald St in Kaitaia.

Crown solicitor Mike Smith said the person whose name was suppressed drove into Archibald St, slammed on the brakes, yelled something, and opened fire with an AK-47.

He said neither Yates nor O'Callaghan fired the shots but were involved in the offending.

Smith said violence erupted between Tribesmen and Black Power gangs before someone opened fire.

Earlier that evening, Smith said, O'Callaghan had been involved in an altercation and returned home with bruising on his face.

He said O'Callaghan's family tried to calm him down. There was also yelling and people armed with baseball bats on the street that night.

Smith said O'Callaghan was heard saying: "I'll shoot you" while armed with a baseball bat.

Four shots were initially fired and some bullets bounced off the ground and hit a person on his leg, he said.

Smith said O'Callaghan was then picked up by the man who initially fired four shots and later eight more before driving away.

The injured man was flown to Whangarei Hospital and later taken to Auckland Hospital.

Smith urged the jury to focus on the evidence given by witnesses and to leave the "baggage of gangs" aside.

Defence lawyers Doug Blaikie for O'Callaghan and Aaron Dooney for Yates elected not to make opening statements to the jury.

Justice Graham Lang earlier excused a juror and the trial will proceed with a jury of 11.