Participation must be proved for exorcism death accused – court told

The family of a woman who drowned after water was forced into her mouth and eyes to flush out demons should only be found guilty of manslaughter if they participated in the acts, the High Court in Wellington was told this morning.

Janet Moses, 22, died on October 12 2007, after attempts to lift a makutu, or curse, on her.

The eight people accused of killing her were all her whanau members.

Representing Aroha Gwendoline Wharepapa and Hall Jones Wharepapa, Greg King said while the family's actions may be "totally unbelievable or irrational" they must be acquitted unless it can be proven beyond reasonable doubt that they participated during the last critical moments.

"It was never anyone's intention that the water would go into her airways."

The purpose of pouring the water into her throat was to make her vomit and "bring up the demon".

"The events you are concerned about are the last few minutes of Janet's life."

It must be proven that each individual held Ms Moses down while water was poured into her eyes, that they poured the water, filled water containers or encouraged others to commit these acts, Mr King said.

Hall Wharepapa went to bed during the ceremony and was woken to help with CPR, Mr King said.

"In the critical moments he was in the other room asleep."

He had been involved earlier - waving a "blessed" aluminium crutch around and taking out the light bulbs at Ms Moses' request.

"So much of this trial has been; `the aunties were doing this, the uncles were doing this, the cousins were doing this'.

"It is not enough to say that and convict someone for the second most serious crime we have."

On the evidence of participation there was nothing to say Aroha Wharepapa was there at the "critical time", Mr King said.

It was an "extraordinarily unique cultural and spiritual situation with sleep, toilet and food depravation", Mr King said.

He said the family "100 per cent believed" Ms Moses was possessed by a makutu and "group hysteria" may have led them to do things they would not have done in the "cold light of day".

Defence lawyers were to continue their closing statements this afternoon. The judge was expected to sum up the case tomorrow.

- NZPA