Korrey Whyman was shot and died in September 2022.
Korrey Rose Whyman’s final words were to a 111 call-taker saying: “They are shooting at us. They are going to f***ing kill us”.
At that point, gunshots were heard – one of which hit Whyman in the back of the head, killing her.
The two men accused of the 28-year-old’s murder are on trial in the High Court at Rotorua.
Credence Malcolm, 31, and a man whose name is suppressed, are charged with murdering Whyman between September 25 and 26 at Rotorua, and other firearms charges.
Crown prosecutor Anna McConachy opened the case on Monday, playing the 111 call to the jury – with a warning: it contained distressing content.
McConachy said Whyman was in the back seat of a Holden Rodeo. Her sister, Ashleigh Santarelli, was in the passenger seat and Santarelli’s partner, James Gemmell, was driving.
They were travelling from Whakatāne to Rotorua in the early hours of the morning to go to McDonald’s as the Whakatāne McDonald’s was closed.
As they travelled through Rotoiti they saw a Skyline vehicle parked on the side of the road flash its lights. Whyman told Gemmell to turn around in case they were trying to get their attention.
McConachy said they would hear evidence from Gemmell and Santarelli that there was a brief interaction while Whyman asked if they were “all good”.
McConachy said they would hear from the driver of the Skyline vehicle that during the interaction there was a threat from the female in the backseat (Whyman) that “next time they would kill them”.
As the Holden drove away, Gemmell, Santarelli and Whyman noticed a truck pull up next to the Skyline, which then started to follow them.
McConachy said the Holden turned left at the Whakatāne turnoff (the intersection of SH30 and SH33) and headed towards Rotorua at about 1.43am. As they approached the police weigh station near Rotorua Airport, a black Toyota Hilux passed them and the passenger fired two shots, one hitting the right wheel rim.
When the Hilux was in front of them, the passenger fired again, hitting the Holden’s front fog light.
McConachy said Gemmell turned around and headed towards Mourea to try to get away, but the Hilux chased them.
Whyman called 111 and was “panicking and distressed”. She told the call-taker they were being followed and shot at. She said they were running out of petrol.
She was heard in the 111 call saying: “They are f***ing speeding up and shooting at us ... We have got f*** all gas and our tyre is going flat.”
Her final words were: “They are shooting at us. They are going to f***ing kill us”.
McConachy said Santarelli could be heard on the 111 call screaming after the shots were fired.
McConachy said Gemmell rolled the Holden, which was out of gas and had a flat tyre, down the hill towards the Happy Angler Store at Mourea and crashed into the front bollards before stopping.
He got out of the car and approached the Hilux and tried to wrestle the gun off the passenger.
In the 111 call, Santarelli could be heard screaming “Stop please, you killed my sister”.
McConachy said as the two men left in the Hilux, Gemmell ran at it and grabbed the keys out of the ignition. But she said the men got out of the vehicle and one of them threatened Gemmell with the firearm.
“He [Gemmell] said ‘I will give you back the keys if you leave’.”
They shook hands and the Hilux sped off.
A CCTV video from the Happy Angler Store that showed the scuffle was also played to the jury. Gunshots and Santarelli screaming and crying could be heard on the video.
Whyman was airlifted to Waikato Hospital but died at 8pm the following day, September 26.
McConachy told the jury Malcolm tried to hide evidence by burning the Hilux. She said the jury would hear from a Rotomā resident who called emergency services on September 27 after seeing a car burning on Braemar Rd.
The two men have pleaded not guilty to murder.
Malcolm and the unnamed man have also pleaded not guilty to two charges each of discharging a firearm with reckless disregard for the safety of two people – namely Ashleigh Santarelli and James Gemmell – on September 25, 2022 at Rotorua.
The unnamed man has pleaded not guilty to two alternative charges of careless use of a firearm.
Malcolm, however, has pleaded guilty to the two alternative charges of careless use of a firearm but will stand trial on the charges of discharging a firearm with reckless disregard.
Malcolm also pleaded guilty to a charge of arson, that he together with another person on September 27 at Te Teko intentionally damaged by fire a Toyota Hilux with intent to avoid arrest and/or conviction.
Malcolm is represented by Scott Mills and Ben Smith assisted by Natasha Hartigan. The unnamed man is represented by Andy Hill and Matthew Jenkins.
Crown solicitor Amanda Gordon and McConachy will present the Crown case.
The trial is before Justice Peter Andrew and is expected to take six weeks.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.
His ratings have probably improved since the CCO reforms, says the mayor.