Man who killed journalist loses appeal

Derek Round

The man convicted of murdering veteran reporter Derek Round in Whanganui three years ago has had his appeal dismissed.

Michael Umanui Werahiko, 33, told the Court of Appeal his lawyers, Peter Brosnahan and Debbie Goodlet, did not give him the best legal advice, a claim which the court has rejected.

In December 2013, he was sentenced in the High Court at Whanganui to life imprisonment with a minimum non-parole period of 15 years after pleading guilty to killing Mr Round in May 2012. Mr Round was a friend of his.

The 77-year-old journalist and writer was found dead in the living room of his Campbell St home after being beaten about the head, suffering multiple skull fractures.

Werahiko appealed both his conviction and sentence.

The appeal decision outlined how Werahiko dismissed his lawyers and tried to vacate his guilty plea on the day of his sentencing.

Werahiko said his lawyer misled or pressured him into pleading guilty, and that he had good defences to the charge.

His evidence in the Court of Appeal was found to be "inherently implausible" and "characterised by prevarication and inconsistency".

"The essence of Mr Werahiko's complaint against trial counsel is that they 'gave up' on him and without exploring other options told him he had no defence," the decision said.

Werahiko told the court that while he assaulted Mr Round, he left him alive and crouching on the ground. However when police came to the crime scene they found Mr Round's body trapped beneath a sofa.

"When asked by us how Mr Round could have sustained the fatal injuries he did, Mr Werahiko made the specious suggestion that it might have been self-harm. Mr Werahiko was also unable to explain how it was that the sofa had come to be on top of the body, if his story that he had left Mr Round crouching on his knees were true."

Werahiko's lawyer, Chris Tennet, said legal advice given on intoxication was inadequate. He pointed to evidence that Werahiko had been drinking and was disorderly, and said it was arguable Werahiko's level of intoxication was at a point where he was not capable of forming the necessary intent. The court disagreed.

Mr Tennet also said Werahiko suffered from post-traumatic stress disorder, but a psychiatric assessment, while indicating the presence of post-traumatic issues, did not diagnose him with the disorder.

In evidence to the court, Werahiko said he did not understand when he said the word "guilty" in court he was entering a guilty plea. This was not accepted.

"We are satisfied that the legal advice given to Mr Werahiko by trial counsel was clear, comprehensive and appropriate. We are also satisfied that Mr Werahiko understood that advice. He was not pressured by counsel nor was he misled."

The decision said Crown evidence against Werahiko was "overwhelming".

Both appeals were dismissed by Justices Christine French, Simon France and Denis Clifford.