Lawyer at centre of kidnapping trial denies laughing while victim gave statement

Khalid Naser Slaimankhel is facing kidnapping charges in Auckland. Photo / Supplied

A lawyer who recorded an affidavit at the centre of a kidnapping and perverting the course of justice trial denies laughing and telling the alleged kidnapper to "let the poor boy speak" as he attempted to interfere with the victim's statement.

Khalid Naser Slaimankhel, Junior Iolimo Paea and Jen Jay Law face a charge of kidnapping Marven Yacoub. Slaimankhel and Paea also face a charge of attempting to pervert the course of justice at the High Court in Auckland.

The Crown alleges Mr Yacoub was kidnapped from a South Auckland Burger King, taken to Mr Koya's office in Ponsonby and forced to make the statement under duress that would be used in a bail hearing for Slaimankhel the following day.

Mr Yacoub testified that Slaimankhel's lawyer Isaac Koya had laughed and on four or five occasions told Slaimankhel to "let the poor boy speak" as Slaimankhel had told him what to say in the statement.

"Anyone in my position would have thought he [Mr Koya] was involved," Mr Yacoub said.

Mr Slaimankhel had dictated what he should say in the statement while Mr Paea threatened him.

Mr Koya testified that, against his usual practise, he had allowed Slaimankhel and Paea to remain in the room while Mr Yacoub made his statement. But he denied Mr Yacoub's claim that he had laughed and said "let the poor boy speak".

Mr Koya said Mr Yacoub had appeared hesitant but he had put that down to his poor English.

He testified that he did warn Mr Slaimankhel not to interfere and at what point threatened to make him leave the office.

Khalid Naser Slaimankhel is facing kidnapping charges in Auckland. Photo / Supplied

"When Mr Slaimankhel was getting into the thing I emphasised that this was Mr Yacoub's affidavit and I wanted answers from him," Mr Koya said.

Mr Yacoub testified that once Mr Koya had printed out the statement all four men went to the office of another lawyer Gary Gotlieb, whose offices are located in the same building. Mr Yacoub said Mr Koya remained in Mr Gotlieb's office and Slaimankhel and Paea hovered in the open doorway while Mr Gotlieb took him through the process of swearing the affidavit.

Both Mr Koya and Mr Gotlieb disputed that version of events.

Mr Gotlieb said Mr Koya left the room and the office door was shut.

"I know definitely it was just the two of us," Mr Gotlieb testified. "That is my procedure."

Asked by Slaimankhel's defense counsel Mark Ryan if Mr Yacoub had been mistaken in his evidence that he had told him he needed to attend Slaimankhel's bail hearing, Mr Gotlieb said: "Mistake is a polite word. He is definitely wrong."

Mr Yacoub had appeared in a relaxed state and he had no reason to believe there were any issues with swearing the affidavit," Mr Gotlieb said.

"The only time I had concern was, I think it was the next day, when Mr Koya indicated his client had been arrested in relation to the affidavit."