Cockle Bay homicide: Murder-accused killed boxing tutor then tried to frame his childhood friend, lawyer says

A man accused of murdering his boxing tutor has been confronted with the allegation he tried to frame his childhood friend for the killing when his scheme to torch the evidence backfired.

Sean Hayde and Gregory Hart are on trial in the High Court at Auckland, jointly charged with murdering Wiremu Arapo and attempting to pervert the course of justice by burning down his home in Cockle Bay with his body still inside.

They deny the charges. Each says the other was solely responsible for killing the 27-year-old personal trainer on October 20, 2020.

On Tuesday, Hart’s lawyer Paul Borich KC cross-examined Hayde.

The day earlier, Hayde claimed he watched his friend Hart stab Arapo in the neck, killing him. Borich suggested the truth was the other way around.

“I put it to you that you killed Wiremu Arapo, that you kicked him to death. What do you say about that?” Borich asked.

Hayde said no, he did not kill Arapo.

Borich then asked if he set the fire.

No, replied Hayde.

“And then when that effort failed, you tried to blame Greg Hart.”

Again, Hayde said that was not the case.

Paul Borich KC spent Tuesday cross-examining Sean Hayde, who claims Borich's client Gregory Hart was solely responsible for killing Wiremu Arapo. Photo / Jason Oxenham.

Over the previous two weeks, the Crown laid out its case that the killing of Arapo by both men was the crescendo of rising tensions fuelled by a tangle of jealousies and resentments.

Hart had moved into Arapo’s house in Minerva Tce but was a layabout flatmate, the jury heard, frequently behind in the rent and bills.

Arapo had met Hayde at a gym and was his boxing coach for a time. Hart met Arapo via Hayde.

Arapo was not shy about giving Hart a piece of his mind and Hayde resented Arapo’s treatment of his old friend, it is alleged.

There were also tensions between the pair arising from Hayde’s new relationship with a female friend of Arapo’s.

Text messages shown to the jury show Hayde discussing attacking Arapo, urging Hart to move out so he could “kick his teeth out”.

On Monday, Hayde went from the dock to the witness box to set out his version of events.

Gregory Hart, like Sean Hayde (not pictured), denies killing Wiremu Arapo. Photo / Jason Oxenham

He described how he and Hart went around to Minerva following an afternoon of drinking at his Bucklands Beach home, during which the pair had polished off four bottles of wine between them.

Hayde claimed Arapo told Hart he wanted to take his computer as compensation for money owed.

After this, Hayde and Arapo became embroiled in a physical fight, crashing around the room, he said.

Punches were thrown and the pair ended up grappling on the ground for a time, it was claimed.

Hart managed to separate the pair, but at this point Arapo was still very much alive and kicking and had not suffered anything like a fatal injury, Hayde claimed.

Hayde said he suggested to Hart that the pair flee.

But Hart had other ideas, Hayde claimed. He alleged Hart sat on Arapo, wielding a knife, and mentioned the fact they had both served in the army, saying “we’re meant to be brothers, we’ve served together”.

Hayde claimed Hart told Arapo that “ever since [you moved] in, you’ve made my life hell”.

Sean Hayde on the first day of his trial. Photo / Jason Oxenham.

Hart then recited a version of a drinking toast used in the military, saying “it’s meant to be never above you, never below you, always beside you”, Hayde claimed.

At this point Hart leaned down, appeared to kiss Arapo then slid a knife into his neck, Hayde claimed.

“I want to suggest to you that that is total nonsense,” Borich said.

“Did you get that from a film or something?”

As Hayde set out his version of events, speaking slowly and with frequent pauses, Hart watched him intently from the dock, occasionally taking notes.

Hayde says he is not sure how the fire started. An expert witness called by his defence team has suggested it could have been started by a candle that was knocked over during a tussle.

The Crown says Hayde and Hart used petrol to burn down the house.

An empty petrol canister was found in Hayde’s car, while traces of petrol were found on Hart’s shoe.

Hayde was captured shirtless in footage of the fire unfolding, apparently trying to get back into the home. The prosecution case says this was a charade for the benefit of witnesses. Hayde’s lack of a T-shirt sparked questions from Borich.

“Was it covered in Wiremu’s blood?”

“No.”

“Did you throw it in the fire?”

“No.”

Borich later honed in on the nature of the relationship between Arapo and his new partner Jennifer, a mutual female friend of Arapo’s.

“Would you agree with me there was a bit of a triangle between you, Wiremu and Jennifer?” Borich said.

Alongside the allegations of murder and perverting the course of justice, Hayde is also charged with - and denies - assaulting, strangling and threatening to kill his former partner in the weeks before Arapo’s death.

The jury earlier heard Arapo was initially happy to play the role of matchmaker, but came to take a dim view of the blossoming relationship, especially after the domestic violence allegations surfaced.

“Did you feel threatened by Wiremu as a rival for Jennifer’s attentions?” Borich asked.

“No,” said Hayde.

During cross-examination, Hayde said he eventually learned Jennifer and Arapo had been together a couple of times in 2020. But he claimed to only have learned this after the fire.

The trial continues.