Police blasted as killing accused freed

Sheryl Brown

EXCLUSIVE - A mentally ill man has walked free from a manslaughter charge after a High Court judge delivered a withering verdict about the way police initially interviewed him.

Gafatasi Samuelu, aged 33, a homeless schizophrenic, was accused of killing homeless woman Sheryl Brown, a former model, who was found lying dead by a toilet block in an alley by the Hopetoun Alpha carpark near Karangahape Rd in December 2002.

Samuelu, who made various incriminating statements and apparent admissions to the police, was committed for trial to the High Court at Auckland last year.

But following a successful challenge by defence counsel Peter Tomlinson and Sanjay Patel, Justice Marion Frater has dismissed the manslaughter charge after ruling the police interviews inadmissible.

While Samuelu waived his right to consult a lawyer, Justice Frater said, there was "no justification for interviewing the accused in the way he was without support or legal advice".

The judge said police were aware of Samuelu's mental issues before the first interview and any doubt would have been removed by the time of the second interview, on March 25, 2003.

"I therefore see it as grossly careless and even verging on the reckless when the officers proceeded to interview him on March 25 without going further to explain and facilitate his rights," the judge said.

In doing so they were in breach of their own guidelines for dealing with suspects with disabilities.

The judge described the breach of Samuelu's rights - his right to counsel and his right to be advised of the nature of the charge he faced - as so "fundamental, flagrant and serious" that excluding the video statements was the only option.

The judge said while the community was interested in the successful prosecution of serious crimes, it was particularly important for the mentally ill and those with limited understanding to be afforded their fundamental rights.

"The public has a sense of fair play. They do not want a conviction at any price," the judge said.

Defence counsel Peter Tomlinson said Samuelu's admissions on tape were utterly unreliable.

"I hope the police take on board the judge's strong comments in regard to the way they deal with mentally impaired people and review their questioning techniques."

He said his client was continually asked leading questions and cross-examined. Instead of help being sought for him from an outside agency, the police took advantage of his mental impairment.

"At least this case shows that the Bill of Rights does have some teeth."

He suggested police should be instructed to say to a suspect "Do you want a lawyer?" instead of "Do you understand your rights?"

Psychiatrists described Samuelu as a paranoid schizophrenic substance abuser with intellectual impairment. He was said to be highly suggestible and eager to please. His interviews with the police were peppered with nonsensical contradictions and inconsistencies.

Without the video statements, Crown prosecutor Mike Heron's case was based entirely on circumstantial evidence.

The Crown maintained Samuelu followed Ms Brown into the alley and attempted to sexually assault her. When she resisted, he assaulted her with his fists and struck her in the face with a bottle, causing fatal injuries.

The judge said the remaining evidence boiled down to the fact that Samuelu was the last person seen with Ms Brown alive, that she was annoyed with him and that he seemed agitated after he left her.

Justice Frater said the evidence failed to establish when Ms Brown was assaulted, when she died or that Samuelu inflicted the fatal blows or assaulted her at all.

"I cannot see how this evidence could possibly support the conviction of Mr Samuelu on a charge of manslaughter," Justice Frater concluded.

Mr Tomlinson said Samuelu was making progress with treatment in the Mason Clinic. In the longer term it was hoped he would be able to go into residential accommodation.

Last night police said they would take the judge's criticisms on board.

A police spokeswoman said at the time the manslaughter charge was laid , police had considered all the available evidence.

They felt there was considerable public interest in the outcome of the investigation and that they had a responsibility to put the matter before the courts.

The spokeswoman said the police noted that Justice Frater was sure they had conducted an extensive and thorough investigation into Sheryl Brown's death.