Murderer saw marriage or flight as way out

Austin Hemmings and his children. Photo / Supplied

The man who murdered Austin Hemmings wanted his girlfriend to marry him or flee to Russia so she would not be able to give evidence at his High Court trial.

Pauesi Leofa Brown, 47, pleaded guilty to murdering Mr Hemmings and assaulting Diane Nonu with a knife when he appeared at the High Court in Auckland on November 1.

Court documents show the lengths Brown was prepared to go to to stop the Crown calling his girlfriend as a witness.

At the time of the murder Brown was seeing Agnes Ioane. The pair shared a Nelson St apartment before the murder and Brown spoke to Ms Ioane on the phone while he was in Mt Eden prison awaiting trial. Some of the conversations were recorded by police and were included in a Crown submission which opposed granting Brown bail.

Brown wanted Ms Ioane to flee to Russia. "So you know, but you have to do something. Tell them, if they ring you again, tell them you are going to Russia. You tell them some of those countries, communist countries," Brown said.

The couple also discussed getting married in the hope that the Crown would not then be able to call Ms Ioane as a witness.

Ms Ioane told Brown a lawyer had said it "would make a difference" if the pair were married.

But according to the Evidence Act, the marriage would not have stopped the Crown calling Ms Ioane as a witness.

Auckland University law professor Warren Brookbanks said a spouse can be called as a witness but cannot be compelled to give evidence.

Brown was denied bail after opposition from the Crown which sighted at least three passports belonging to Brown in different names. Mr Hemmings' wife, Jenny, also opposed bail.

Documents show there was a fight between Brown and Ms Ioane the night before the murder.

Brown became angry when Ms Ioane returned home late from work after drinking with colleagues and missing her bus. She texted Brown but when she got back to the apartment, Brown accused her of having an affair. He left the apartment angry. He returned in the morning and told Ms Ioane that he had slept with another woman.

Ms Ioane went to work and later that afternoon, the couple had a heated 14-minute telephone conversation. According to the Crown, Brown insulted Ms Ioane and told her she was evil. Ms Ioane responded: "At least my family don't talk about you like your family does."

The Crown believed that reference was to Ms Nonu, a distant family member of Brown's who worked with Ms Ioane. Ms Nonu told a depositions hearing that she had been close to Ms Ioane and the pair had discussed Brown.

Ms Ioane tried to phone Brown several times but he did not answer. She also sent two concerned text messages to him.

She also sent text messages to a friend to try to find Brown. But Brown was on his way to Mills Lane to find Ms Nonu and confront her.

He had armed himself with a knife concealed beneath his jacket. Less than an hour after Ms Ioane's concerned text messages, Brown had fatally stabbed Mr Hemmings and attacked Ms Nonu.

Brown is to be sentenced next month.

THE 111 CALLS

Court records obtained by the Weekend Herald have revealed for the first time the horrifying aftermath of Austin Hemmings' stabbing. This is an edited transcript of the 111 call:

Ambulance call-taker: "Is he bleeding?"

Caller: "He's got a lot of blood."

Ambulance call-taker: "Is he bleeding from the chest?"

Caller: "Bleeding from the chest."

Ambulance call-taker: "He is okay? You didn't see anyone attack him or anything?"

Caller: "No, he just walked straight up to me now."

Ambulance call-taker: "Okay, okay. All right. Stay on the line, I'm just getting them on the way right now. Won't be a moment."

Police 111 emergency call [ ... ]

Caller: "Um, there was a lady, um, she was here but she got beaten in the elevator. She's badly hurt and um, yeah, the guy is, I don't know, was he seen running off? Yeah, he's run off."

Police call-taker: "Do you know the male?"

Caller: "Um, no I don't sorry."

Police call-taker: "Do you know the person who's been beaten up?"

Caller: "Yep, yep." [ ... ]

Ms Ioane comes on the phone.

Police call-taker: "You saw a male as well, did you?"

Ms Ioane: "I actually know him... He's actually my ex-boyfriend."

Police call-taker: "Okay, he's your ex-boyfriend? OK. Are you the person who's been assaulted?"

Ms Ioane: "Pardon?"

Police call-taker: "You haven't been assaulted, you weren't the one who ... "

Ms Ioane: "No." [ ... ]

Police call-taker: "Are you okay?"

Ms Ioane: "Yep."

Police call-taker: "You just didn't expect him to do something like that?"

Ms Ioane: "No."

Police call-taker: "Okay. And you saw, were you with him when it happened?"

Ms Ioane: "No, I was at work."

Police call-taker: "Oh, okay. And what, did he come and see you?"

Ms Ioane: "No, I didn't know he was coming."

Police call-taker: "Oh, okay. He's done this stuff like this before, has he?"

Ms Ioane: "Not that I know of." [ ... ]