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Home / New Zealand

System worked in Kahui case - expert (+video)

NZPA
22 May, 2008 09:50 PM4 mins to read

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Chris Kahui after being cleared of the murders of his sons. Photo / Kenny Rodger

Chris Kahui after being cleared of the murders of his sons. Photo / Kenny Rodger

Photo GalleryView photos

videoVideo: Chris Kahui after being found not guilty

videoVideo: Police and defence reaction to Kahui verdict

KEY POINTS:

Despite police reaffirming no one else is in the frame for the murders of babies Chris and Cru Kahui, a legal expert says yesterday's not guilty verdict for their father is sound.

"This is a perfect example of the justice system working perfectly," said Law Society criminal law
committee convenor Jonathan Krebs.

The police had all the powers to investigate "and they did", he told Radio New Zealand.

"Our system of trial by jury is one which decides whether the Crown has proved a person guilty beyond reasonable doubt.

"The jury came back with their answer."

Mr Krebs said he understood society had been left feeling "empty and barren" knowing that someone had got away with murder.

Despite Mr Kahui's defence pointing the finger at the twins' mother, Macsyna King, police say there will be no further arrests made.

"We thoroughly investigated each person until we identified Chris Kahui and made the arrest," said investigation head Detective Inspector John Tims.

Mr Krebs said it was acceptable legal strategy in cases such as this for the defence to paint someone else as the killer, as long as there was a potential evidential foundation.

He acknowledged the difficulties the police faced in their investigation, when the twins' family closed ranks and refused to speak to detectives.

"I guess there is something of a bitter taste in the mouth of the public when thinking about that.

"But the rule is that you are entitled to remain silent. The police don't have inquisitorial powers."

However, anyone who knew the twins were being abused had to accept some responsibility for their deaths, said Jane Drumm, executive director of Preventing Violence in the Home.

The not-for-profit group warned that more children like the Kahui twins would be killed unless all New Zealanders adopted a zero tolerance to family violence.

All family and friends who visited the Kahui home had a responsibility to report the abuse, or do something about it, Ms Drumm said.

"All it takes is one person to speak up to save a life, or in this case, two lives. Domestic violence thrives in secrecy.

"New Zealanders need to open their eyes and understand the extent of the problem. Everyone needs to recognise the signs, know how to help safely and be prepared to take action."

South Auckland community advocate Sharon Wilson said that while poverty was not an excuse for violence, it often created extreme stress that had dire consequences.

"There's depression, there's drinking, there's drugs and there's all those negative things that have detrimental impacts.

"If you're going to be violent, who are you going to take it out on? The people who are closest to you and in many cases the people that can't fight back."

Ms Wilson said not enough was being done, despite the momentum for change after the twins' deaths in 2006.

Maori Party co-leader Pita Sharples agreed wider action was needed.

There were ghettoes that bred poverty and violence and no one was stepping in to help.

"I think we all have to take some responsibility for that. We're definitely not addressing it."

Neither the Government nor the Opposition had spoken out about the need to redevelop impoverished communities and pour money into them, he said.

Community workers believe the key to success lies in breaking the cycle of poverty.

Ms Wilson warns that this could take generations and that the Kahui case will not be the last where innocent children suffer violent deaths.

Prominent Auckland criminal lawyer and former president of the Auckland District Law Society, Gary Gotleib, said the public would be disappointed that no one was to be held accountable for the deaths of the babies.

He said today the police were too quick to charge Chris Kahui and should have spent more time on the investigation but he doubted the case will be taken further.

"The basis upon which the crown approached the case has come to a dead end. So unless something more comes up, I think that's the end of it. I'm sure that's most unsatisfactory for everyone," he said on Newstalk ZB.

- NZPA

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