Artist died after savage beating, court told

Police investigate the home where Harry Faulkner died in 2009. File Photo / Mark Mitchell

Tauranga artist Harry Faulkner died because of Daniel Wikeepa's drunken, bad tempered aggression which he displayed by punching, kicking and stomping on Mr Faulkner at a Gate Pa house.

That's the basis of the Crown case against Wikeepa in the High Court at Rotorua where he went on trial today after pleading not guilty to Mr Faulkner's murder on or about December 21, 2009.

However, Wikeepa's defence counsel says the jury will have alternatives to murder to consider. Either someone else killed Mr Faulkner after Wikeepa had beaten him or that Wikeepa acted without murderous intent. If this was the case his client would be guilty of manslaughter, Paul Mabey, QC, said in his opening statement.

In a lengthy opening address Tauranga Crown prosecutor Rob Ronayne said the 43-year-old artist died of asphyxiation by choking as a result of the savage beating the then 19-year-old Wikeepa meted out to him.

The savage attack had followed the "somewhat trivial" matter of whether Wikeepa's cousin could stay the night at Mr Faulkner's home.

Mr Ronayne outlined how Wikeepa and his cousin, Dwayne Wikeepa, had been drinking relatively heavily before visiting the artist. The accused had also shared a cannabis joint with a friend, making him a "little stoned".

After the Wikeepa cousins arrived at the Watling St property, another man who'd been playing cards with Mr Faulkner left because he felt intimidated by Wikeepa's "staunchness" and his general conduct.

The accused had become angry when Mr Faulkner didn't want Dwyane Wikeepa to stay, there had been some pushing and shoving with Wikeepa telling his cousin to "bash Harry".

"Daniel then attacked Harry, punching him to the head several times very hard. Dwayne will tell you he could hear the blows landing, that Faulkner doubled over and fell to the ground where Daniel kicked him multiple times in the head so it [his head] was jerking back," Mr Ronayne said.

Dwayne Wikeepa had become scared and gone outside where he was briefly joined by the accused who returned to the patio where Mr Faulkner lay.

Dwayne Wikeepa had left, returning the next morning to find Mr Faulkner inside.

In the second of two police interviews Daniel Wikeepa had said after Mr Faulkner fell to the deck, knocked out and bleeding, he took him inside. At that time he was still alive and snoring.

Questioned whether Mr Faulkner was snoring or choking, Wikeepa had said he was just asleep. He had earlier admitted to a detective that he'd "just unleashed", kicking Mr Faulkner about three times.

In one of a series of text messages to a former girlfriend Wikeepa had said he'd "stomped on a nigger's head and just wanted to die". Later he said the "nigger" was still alive, if he had not been he was going to kill himself.

Mr Ronayne said the jury of nine women and three men would hear from a pathologist that Mr Faulkner had suffered a minimum of at least 15 blows and that his pancreas had been crushed against his spinal cord, behind his stomach.

He would also say Mr Faulkner's death had been caused by asphyxiation caused by injuries to his neck.

A large contingent of Mr Faulkner's whanau are in the public gallery. Wikeepa has around half a dozen supporters.

The trial, which is before Justice Mary Peters, is scheduled to run for seven days during which the Crown will call 30 witnesses. Evidence from 10 others has been admitted by consent.

- NZPA