Killing defeats two juries

A man accused of murder stands to walk free because two juries could not agree who was the real killer in a classic whodunnit.

Juries in the High Court at Auckland have twice failed to reach a verdict in the trial of 57-year-old Grant Wills, charged with the brutal killing of his former de facto wife's lover, Somwes Suksabai, 29.

A third trial would be unusual, and it will be up to the Solicitor-General whether the Crown is allowed to try Wills again.

During both trials, Wills and his Thai former de facto wife, Suwapa Kampan, 37, accused each other of killing Mr Suksabai.

This week Justice Rod Hansen told the second jury: "The critical issue in this case is who struck the blows which killed Mr Suksabai. Were they struck by the accused [Wills] or were they struck by Ms Kampan?

"In one sense it is as simple as that ... Both of them were in the house. Only one of them can be telling the truth. One is lying about what happened in the bedroom that night and lying to a considerable extent about what happened afterwards."

The defence, represented by Stuart Grieve, QC, unambiguously pointed the finger at Ms Kampan.

"I told you right at the outset, at the very beginning of the case, that the defence is that in fact it was Suwapa Kampan who killed Somwes Suksabai."

Mr Grieve acknowledged that it was not an easy puzzle for the jury to solve, but if they were uncertain, Wills should be acquitted.

"I suggest to you that on all the evidence, it is really impossible to resolve with certainty one way or the other."

Mr Grieve said later he was happy with the failure to reach a verdict. It was a case he thought the Crown could not prove to the required standard, as had been shown by two hung juries.

Crown prosecutor Ross Burns said he would report to the Solicitor-General, who would decide whether there would be a third trial.

Wills, who had been in custody since the incident in March 2003 at a house in Te Kanawa Crescent, Henderson, was released on bail.

Mr Grieve referred to the "weird' setup in the house Wills shared with his two children, his ex-wife and her boyfriend.

Wills was alleged to have sneaked into the bedroom and beat the couple over the head with a pestle as they slept, turning the room into what Mr Burns described as an "abattoir".

He was charged with murder, the attempted murder of Ms Kampan, who suffered a serious head wound, and alternatively with wounding her with intent to cause grievous bodily harm.

But the defence said Wills heard Ms Kampan and Mr Suksabai fighting violently in their bedroom. When he went in, he found Mr Suksabai on the floor and Ms Kampan with a head wound.

Mr Grieve told the jury Mr Suksabai inflicted Ms Kampan's injury during the deadly struggle.

The Crown suggested that Wills' motive for the killing was to get the couple out of the way so he could take his children to Thailand, where he had struck up an internet chatroom liaison with two different women.

Ms Kampan would not let him take the children. In addition, Mr Burns said, Wills wanted her $7000 of jewellery.

But the defence characterised Ms Kampan as a violent woman and said there was an undercurrent of violence in her relationship with Mr Suksabai.

Ms Kampan became depressed about money and the defence said financial stress triggered a violent row between her and her lover.

One of the main pieces of evidence against Wills came from a pathologist, who said one of the 16 blows to the head caused a brain-stem injury that was highly likely to have rendered Mr Suksabai unconscious immediately.

That was inconsistent with Wills' account that Mr Suksabai was still moving round up to six hours after being attacked.

But the defence also had good ammunition. They questioned why Ms Kampan did not flee when Wills left the house for up to 45 minutes, why she did not activate an alarm in the house and why she did not telephone for help.

She told the jury she was scared Wills would come back and finish her off, she did not know how to use the alarm, and the internet had tied up the telephone line.

Both said that the other refused to allow an ambulance to be called immediately.

Afterwards, Mr Grieve said Ms Kampan asked Wills to take the rap because he was too old to look after the children if she went to jail. Wills agreed to say nothing to police to implicate her, but refused to lie for her.

In the ambulance, Ms Kampan told police that Wills was the killer.

DEADLY TRIANGLE

* Grant Wills: accused of killing Somwes Suksabai.

* Somwes Suksabai: the lover of Suwapa Kampan.

* Suwapa Kampan: Wills' former de facto wife.

* The prosecution says: Wills battered Suksabai to death with a pestle.

* The defence says: Kampan was the real killer.

* Two juries say: No verdict