KEY POINTS:
The trial of a man accused of murdering a reputed Asian gang enforcer was thrown into disarray yesterday after an issue arose involving a juror's cellphone.
Police took the man's cellphone for technical examination after the hearing was adjourned early. Whether he remains on the jury may depend on the outcome of the examination.
Jury trials can continue with as few as 10 jurors so long as the judge is satisfied it is safe to do so.
Wan Yee Chow, 54, is accused of the assassination-style shooting of Tam Yam Ah as he climbed from his BMW behind the karaoke bar Mr Tam co-owned about 4am on July 7 last year. Mr Tam, 37, also owned a restaurant, ran a loans business and was a reputed enforcer for the 14-k Triad gang.
The hearing was adjourned soon after lunch and resumed briefly at 3.45pm for Justice Patricia Courtney to tell the jury no further evidence would be heard. The hearing resumes today.
Media and public were excluded from in-court discussion regarding the juror. However, outside the court, police were anxious to question the juror and obtain his cellphone.
A court official told police they could not speak to a sworn jury member during the course of the trial, upon which inquiry head Detective Inspector Bernie Hollewand asked to speak to the judge.
Police emerged from their meeting with Justice Courtney with the juror's cellphone. Mr Hollewand declined to comment.
The trial is set down for two weeks. Seven witnesses have been granted suppression of their identities.
Earlier, a woman who saw the killing from the passenger seat of Mr Tam's car said the man wore a mask.
She said he was tall and his build reminded her of Chow, who had worked at Mr Tam's restaurant. She said Chow's nickname was "Go Lo", meaning the Tall Man.
The Crown alleges Chow, who at the time was living in Wellington, made the trip north with an accomplice to carry out the killing.
Motives are unclear. A paua deal gone wrong, retribution for money owed or a contract killing were suggested, but prosecutor Kieran Raftery told the jury the trial was not about why, it was about the facts of the killing.
