KEY POINTS:
Chris Kahui's father says his son has done nothing wrong and welcomes his trial on murder charges as an opportunity to prove himself innocent.
Kahui was committed to stand trial for the murder of his twin three-month-old boys after an eight-day depositions hearing at Manukau District Court today.
After the ruling Banjo Kahui, a witness for the crown, told media outside the court that he was glad the decision had been made to go ahead as his son would have the opportunity to prove himself innocent.
"He's done nothing wrong."
Mr Kahui, who was at the family home at the time the crown alleges the injuries were inflicted on the twins, said he did not know who hurt his grandsons but "my family didn't do it".
An emotional Mr Kahui, surrounded by family members, said he intended to "just keep breathing" to get through the ordeal.
Chris Kahui left the court moments later, surrounded by his legal team and made no comment to the waiting media.
Crown prosecutor Richard Marchant told NZPA he was ``not suprised' by the ruling.
Kahui will face trial at the High Court in Auckland, and was released on bail until his next court appearance on October 3.
Delivering his ruling this afternoon Judge Roy Wade said it was plain from undisputed medical evidence both twins suffered head injuries which could not have been inflicted by their one-year-old brother.
The fatal head injuries were inflicted 24 hours prior to the boys being taken to the family doctor, he said.
During that crucial period only a small number of adults had the opportunity to inflict those injuries, he said.
While not drawing conclusions, there was an evidential basis that Kahui could be found guilty, he said.
Kahui, 22, sitting alongside his defence team showed little emotion as Judge Wade read out his findings.
After the two charges of murder were read Kahui was asked to stand and make a plea.
Kahui said "Ah, no, I don't wish to plead guilty", in answer to both charges.
This morning crown prosecutors and defence lawyers gave their closing submissions.
Crown prosecutor Simon Moore told the court medical evidence, which had gone largely unchallenged by the defence, showed that the twins had been hurt intentionally.
Mr Moore criticised attacks on the credibility of the twins' mother Macsyna King.
The crown said of the four adults in the house at the time the crown alleges the injuries were caused, Ms King was not one of them.
Defence lawyer Lorraine Smith told the court Kahui was not the only person to have the opportunity to hurt the twins.
There was no evidence as to how the twins received their injuries and statements made about Kahui handing himself in were not admissions of guilt, she said.
This morning an affidavit was presented from a woman who was a contracted to work for Child Youth and Family (CYF) as a "watcher".
In the statement Kaufoou Fifita said she witnessed Ms King telling a hospital nurse she didn't "give a shit" and was leaving, after being offered a bed to stay the night.
Ms Fifita said she was at Auckland's Starship Hospital along with twins' mother Macsyna King and a nurse on the evening of June 13 last year acting as a watcher in the twins' room.
Ms King was told how ill her children were and was offered a bed at Ronald McDonald House to be near them.
Ms Fifita said she was near the door of the hospital room when she heard the nurse say to Ms King more surgery may be needed "and we need you here and will find you a bed".
In the affidavit Ms Fifita said she heard her reply "I don't give a shit. I'm going. I need my sleep".
This morning the final police interview with Kahui was shown to the court.
In the interview taken last year, after which he was arrested and charged with murder, Kahui consistently denied having hurt his sons or knowing who did, despite persistent questioning.
When asked why he told a newspaper he "blamed himself" for their injuries Kahui replied "Cos, I'm their father and I didn't protect them and I didn't know what the hell was going on".
Kahui said "I've never hit my boys, I've never hit my boys, I've never hit Shane, I've never hit any of them."
When asked to tell the truth and tell what happened, Kahui said "I don't know what happened".
- NZPA
