A jury in a murder trial involving the bludgeoning of a sleeping man was yesterday told it faced a classic whodunnit.
The Crown says the man who killed Thai national Somwes Suksabai was 57-year-old Grant Elliott Wills, who they claim also tried to kill his former partner, Suwapa Kampan.
But the defence maintains that Wills is innocent and that the real killer is Ms Kampan, the Crown's main witness.
In his opening address in the High Court at Auckland, prosecutor Marc Corlett said that there was little doubt that a murder had been committed.
"I expect the crucial issue in this case is likely to be identity - who killed the deceased? Who wounded Ms Kampan?
"The Crown says it was the accused.
"I anticipate the defence will be that Ms Kampan is not a victim but the killer.
"I expect this to be a classic whodunnit case," said Mr Corlett.
Ms Kampan is in her 30s, as was the deceased.
Defence counsel Peter Winter told jurors in a brief opening address that they were about to hear from the real killer, Ms Kampan.
"Ironically, Ms Kampan is the one who has been left in the community after the commission of this most serious crime."
He said the police had got it wrong, partly because Wills made no statement when they arrived on the scene.
Mr Winter said Wills was trying to protect Ms Kampan as a result of an agreement between them.
Injuries suffered by Ms Kampan were not inflicted by Wills.
In fact, said Mr Winter, she received them in the fight with the victim Mr Suksabai when she administered the fatal blows with her kitchen pestle - not the sort of weapon a New Zealand man like Wills would use.
"You need to do a better job in deciding this case than the police have done in investigating it," Mr Winter told the jury.
Mr Corlett said Wills and Ms Kampan met in Thailand in the early 1990s and had two children from their relationship.
But Wills left for a time and when he returned Ms Kampan had formed a new relationship with Mr Suksabai.
Somewhat unusually, Ms Kampan allowed Wills to stay with her and her new partner so that he could be close to his children.
About Christmas 2001, they all moved to an address in Te Kanawa Crescent, Henderson.
Mr Corlett said that by the time of the killing of Mr Suksabai in March last year, Wills was planning to take the children to Thailand, unbeknown to Ms Kampan.
He was corresponding with two separate women in Thailand on an internet chat-line and claimed to be in love with both.
Mr Corlett said Wills "snuck" into the bedroom of Ms Kampan and Mr Suksabai and launched a cowardly and sustained attack on them as they lay sleeping in their bed, bludgeoning them round the face and head with the heavy stone pestle.
"With his departure imminent, he crept into the bedroom of Ms Kampan and the man who had taken his place in her affections.
"He beat her into unconsciousness and beat him to death," said Mr Corlett.
Afterwards, Wills got Ms Kampan to help him clean up the scene of "carnage".
Mr Corlett said Mr Suksabai might still have been alive but Wills did not call police and an ambulance until midday the following day.
A pathologist concluded that Mr Suksabai survived at least four hours and up to 16, said Mr Corlett.
The trial, before Justice Rhys Harrison, is expected to last two weeks.
Jury told of bashing death
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