Taupō man Nathan Moscrip on trial for manslaughter of his friend Brodie Ruatara

Nathan Moscrip appears in the High Court at Rotorua to stand trial for the manslaughter of his friend, Brodie Ruatara. Photo / Kelly Makiha

They were friends. But one thought the other was messaging his girlfriend. Now one is dead and the other is standing trial for his manslaughter.

Nathan Chad Moscrip, 29, is on trial in the High Court at Rotorua after pleading not guilty to causing the death of Brodie John Arthur Ruatara between August 12, 2023 and August 13, 2023 by assaulting him, and thereby committing manslaughter.

It is the Crown’s case Moscrip punched Ruatara first, striking him in the left temple causing Ruatara to stumble backwards. The Crown says a fight then continued with Moscrip on top of Ruatara when he delivered at least three blows to Ruatara’s head before an associate intervened. Ruatara’s head injury wasn’t treated and he died overnight in his sleep.

It is Moscrip’s defence he was defending himself after Ruatara had confronted him angry and looking for a fight.

The Crown opens its case

Crown prosecutor Tayla Afoa gave her opening address today at the start of the trial saying Moscrip punched Ruatara causing a skull fracture that eventually led to his death.

Afoa took the jury through what the Crown says happened on the night of August 12, 2023 in Taupō. She said Ruatara was angry and had confronted Moscrip after suspecting he had been messaging his girlfriend.

She said witnesses would say Moscrip responded by saying “do you want a go?” and punched Ruatara. She said Moscrip was on top of Ruatara before a witness, Gregory Tew, saw him deliver at least three punches. Afoa said Tew would tell the jury he intervened by giving Moscrip a “bear hug” from behind to lift him off Ruatara.

Afoa said Ruatara suffered an “egg” on his head and was looked after by his friends but was eventually taken home by his girlfriend, Haylee Krebs.

Afoa said text messages would be presented by the Crown that showed Moscrip messaged Krebs following the fight asking “how’s his f***ing head?”.

Afoa said Moscrip also sent a SnapChat message to his sister that night saying Ruatara had turned up with attitude and was angry so he “smacked him around a bit”.

Afoa played CCTV footage from a home near the driveway where the alleged assault happened. She acknowledged it was “grainy” but said it showed Moscrip delivered the first punch.

“The Crown says that Mr Moscrip did exactly what he told his sister. After Mr Ruatara turned up with an attitude, he smacked him around a bit, punching him multiple times in the head - not because he was acting in self-defence but because he was angry and annoyed that Mr Ruatara turned up making accusations against him.”

Afoa said Krebs would give evidence that after the incident, Ruatara was drowsy but alert and talking before drifting off to sleep.

In the morning, Krebs could not wake him and his lips were blue. He was later pronounced dead.

The defence case

Moscrip’s lawyer, Ron Mansfield, gave brief opening remarks pointing out to the jury it was lawful to respond with violence if you believed you were going to be the subject of violence or if you needed to protect yourself following a punch.

He said it would be the defence case Ruatara was “amped up” with alcohol and methamphetamine and was angry and threatening because he wrongly believed something was going on with Moscrip and Krebs.

“It seems he was paranoid about Mr Moscrip having a relationship with his girlfriend. It was a figment of his imagination.”

Mansfield said it was “very unfortunate” someone died but Ruatara’s death was caused by an unattended fall while fighting.

The trial is before a jury of five women and seven men and Justice Helen McQueen and is set down for two weeks.

Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.