Mei Fan murder trial: Murder accused blamed family in China

Mei Fan was found dead in November 2013 having been subject to a frenzied knife attack. Photo / Supplied

The man accused of murdering his estranged wife wanted to travel to China with police and investigate the dead woman's family, who he claimed were responsible for the death, a court has heard today.

Michael Preston, 60, is on trial in the High Court at Wellington over the killing of Mei Fan in the capital city suburb of Miramar in November 2013.

In March the following year Preston told police he wanted to travel to China to interview members of Ms Fan's family.

Michael Preston in the dock during his trial for the murder of Mei Fan in 2013. Photo / Mark Mitchell

He claimed her uncle was responsible for the killing. That uncle had military contacts and Preston said it was the military that could have hacked Ms Fan's phone on November 5, 2013, to send messages to him so he would be a suspect.

Preston said Ms Fan told him she didn't send those texts.

When talking to Detective Sergeant Andrew Compton, Preston also asked why no DNA evidence was found at the grisly murder scene.

He'd read an article in a Wellington newspaper that talked about the killer arriving at Ms Fan's property in one disguise and leaving in a different one.

Preston also told Mr Compton police can't have anything on him otherwise police would stop his planned trip, funded by his daughters, to China and wouldn't have let him go to Australia over Christmas.

There was no way he wouldn't return from China, as that would make him look guilty, Preston said.

Later in March, Preston went to the Wellington central police station to pick up a copy of his and Ms Fan's marriage certificate.

"Mr Preston talked about his theory that the uncle was involved in Mei's murder," Mr Compton told the court today.

"Mr Preston says the investigation is hanging over his head and until it is resolved he wanted to do anything he can to help."

Photo / NZ Police

Mr Compton told Preston police couldn't travel to China with him as he was a suspect in the case, but local liaison officers might be able to help.

In a separate conversation between the pair earlier that month, Preston was unhappy with Mr Compton.

"Mr Preston says he wanted me to stop calling him a liar," Mr Compton said.

"Mr Preston says he can be called a murderer, but not a liar because he hasn't lied."

Also in March last year, police started bugging Preston's home, his landline phone, two cell phones and his car.

This lasted for about a month until his arrest in April 2014.

Out of 1173 conversations intercepted, five, including one with former New Zealand Herald reporter Sam Boyer, were deemed of interest.

The Crown accused Preston of attacking Ms Fan, leaving a knife in her neck as she died, because he wanted custody of the pair's children and he was unhappy she'd taken out a protection order against him.

She was found on November 10, 2013. Preston has pleaded not guilty.
This afternoon, the court heard from Preston's old friend Graham Bullman, who said his mate was "all over the place" and getting sense from him could be "like trying to nail jelly to a wall."

But Mr Bullman, who first met the murder-accused in the 1970s, said Preston's conversations rarely went sequentially.

Last week, Mr Bullman said Preston was in a "toxic" relationship with Ms Fan.

He also claimed Preston was jealous about a $3 million house he thought Ms Fan's boyfriend Tani Hoyhtya was going to buy her.

The Police Ten 7 episode

Mr Compton said he told Preston the death of Mei Fan was to feature on the TV show Police Ten 7.

Preston was not surprised, the court heard.

Preston told Mr Compton he "had his sources" and was already aware the TV show was going to feature Ms Fan.

He again suggested Ms Fan's uncle could be responsible for her death but also claimed Mr Hoyhta could have killed her due to "jealousy."

Preston was worried the public would think him guilty of murder after the Police Ten 7 episode.

A conversation in Preston's home in Ahuriri St, Strathmore Park, between him and Mr Bullman was intercepted on the day the episode aired.

"People will see that and think 'F**k, he did it"' Preston told his friend after first seeing the episode."They talk about previous family violence. That's a lie," he added.

The bugged conversation was played to the court this afternoon."I've got nothing to hide.

I've got no issues with God," Preston told his friend.He told Mr Bullman he'd wanted the episode to air, in case it sparked a tip-off from the public.

"Something might jog your mind. Because you just don't know."

He then started wailing and crying, saying he didn't want the suspicion hanging over his head for the rest of his life.

"Forgive me mate, but I really want to watch it again," he told Mr Bullman.

Preston said he found elements of the episode bizarre, such as information a religious note was found in relation to the murder.

"That's absolutely weird...I think it's one more thing that's trying to suggest that 'It's Michael, 'cause Michael is so religious'.

"Who would break in and do that?"

In the bugged conversation, Preston also discussed the nature of blood stains or drops found in Ms Fan's house.

Preston mostly kept his head down as the recording was played.

The TV show mentioned Ms Fan's "new boyfriend" and the narrator said she was "excited" about her new life.

The Police Ten 7 narrator said the murderer almost certainly knew Ms Fan, and came to her house with the intention of killing her.

The TV show said police were looking for blood-stained clothes and a carving knife.

The programme then mentioned a Toyota Corona seen in the area on the day Ms Fan was killed.

Mr Bullman asked Preston why police would be looking for his car, or why they believed his car was in the area.

Preston told his friend he often drove to the New World supermarket and video store in the Miramar area.

One of the pair then mentioned the Corona was also seen in the area "the day before and the day after and every other f**king day."

In another conversation played to the court, Preston told his friend: "All along I have been trying to get Mei deported, and I finally successfully completed all the required [work].

"It was very cathartic for me."

"Cathartic? You've got to be f**king joking" Mr Bullman responded.

"I had a goal...that was my focus, and once I finally finally completed everything I was a happy little chappie," Preston replied.

He then spoke of his approaching "year", meaning year of the horse in the Chinese zodiac.

He said Ms Fan used to go out at great expense "wining and dining" in China and showed off her children and Preston was "just a babysitter" during those times.

Referring to the death of Ms Fan, Mr Bullman asked his friend "Have you found any catharsis out of all of this?"

"I know I made a big mistake bringing her here," Preston told Mr Bullman.

"I was foolish."He said he and his heart and Ms Fan's were "all entwined together" and even when a couple broke away there "were still little bits" left behind.

"Five minutes after she got here I knew I'd made a mistake."

He said he was having "actual physical intercourse" with Ms Fan when she broke the news of having a boyfriend.

"You either walk out this door, or you leave him," Preston claimed he told Ms Fan.

Preston said Ms Fan wouldn't make a decision, so he told her he'd kick her out and her bags would be outside the door.

He described accessing her computer using a "computer hacking password thing.

"It took well over an hour and Bingo - got into her computer and I simply downloaded everything...I copied everything and then I deleted everything...and then just to annoy her I deleted some programmes which basically f**ked her computer up," he laughed.

He told his children "mummy's going to be leaving."

Former New Zealand Herald reporter gives evidence

Former New Zealand Herald reporter Sam Boyer was called to give evidence this afternoon.

Mr Boyer spoke to Preston in March last year.

The reporter said he was in Wellington when Ms Fan was killed, working for a different newspaper at the time, and reported on the homicide.

He said after moving to Auckland to work for the Herald, he kept in touch with a few "senior cops in Wellington" in relation to the investigation.

When first called, Preston said he'd have to call his lawyer first, but advised the journalist to call him back in five or ten minutes.

Mr Boyer went to get takeways, then called Preston back.Preston said he'd been advised not to talk, but spoke to Mr Boyer anyway.

Mr Boyer then called Detective Senior Sergeant John van den Heuvel, who said police were keeping an open mind as to who killed Ms Fan.

The reporter then called Preston again, and the conversation was recorded.

Preston said he'd spoken to his lawyer about talking to the Herald and was told: "He's going to kick my arse."

Preston said when he first arrested and bailed he "felt no fear because I knew what I knew."

Mr Boyer asked Preston if police ever considered him a suspect, and Preston laughed, before mentioning the Police Ten 7 episode.

"At this rate, it's my unprofessional opinion that they're never going to find the killer now," he told the journalist.

He said he had a rock-solid alibi and police had "no evidence" against him, or anybody else.

"Sure as hell she put up a fight," Preston added, referring to wounds Ms Fan sustained on the day she was killed.

Preston then started breaking down again. "This is my life."

Preston told Mr Boyer he also knew Ms Fan had fought because a Housing New Zealand (HNZ) employee told him so.

Preston said he and the HNZ worker sometimes swapped stories.

"She came around several weeks after I'd done it," Preston said.

Preston told Mr Boyer, in the conversation played to the court, that "every single finger and thumb" of Ms Fan's was cut.

He mentioned how he was the last person to see Ms Fan's body at the burial home. He mentioned other wounds.

"Forgive me but I had to peek under the dress to see."Preston said he hoped for a fair and balanced story.

Mr Boyer told prosecutor Grant Burston he made a note of the moment Preston said "I'd done it."

Defence lawyer Steve Gill asked about the article published in the Weekend Herald's March 29, 2014 issue.

Mr Gill said the article reported that Preston maintained his innocence, and Preston's denials formed the "tenor" of the article.

"The reason there's nothing in there about "'two weeks after I did it' line was that in your own mind it wasn't that black-and-white, was it?"

But Mr Boyer said the article never mentioned the "I did it" line because of an "editorial decision."

He told the court it was unlikely the comment would make it to print past the Herald's legal team.

Mr Boyer said he emailed police with that quote and others from Preston, asking for police comment.

"I said to the reporter sitting next to me: I think he's just confessed.