Witness tells why he testified against psychopath

By TONY WALL

Ciano Smith was lying on his bed in his sleepout when he became entangled in one of New Zealand's biggest murder cases.

That Saturday morning, December 8 last year, when the Mt Wellington-Panmure RSA turned into a slaughterhouse, there had been no work for the 40-year-old contract digger-driver so he returned to his flat near the club, stretched out in his undies and picked up a book.

The peace was disturbed when his cousin Darnell Tupe came round mid-morning to ask if he could hide a car in the garage.

Assuming his cousin had been out "ratbagging", Mr Smith agreed to help, not knowing that he was being drawn into a triple murder.

Tupe had fled from the nearby RSA, where associate William Bell had gone on a bloody rampage.

Mr Smith - who was to meet Bell for the first time that day - later helped the pair dispose of evidence.

Granted immunity from prosecution as an accessory to murder, he would go on to become a crucial Crown witness helping to convict the other two.

Bell was found guilty of murder this week and Tupe of manslaughter.

Mr Smith endured taunts and threats from Bell throughout the hearing. He then suffered the worst indignity of all - being named in court by Bell as the real killer.

The Weekend Herald tracked down Mr Smith in Northland, where he now works. He headed up country because he feared he might end up in prison over his involvement and wanted to be out of the city for a while.

The ex-soldier, who sometimes goes by the name Roy, was christened Ciano after whanau picked up the name during Maori Battalion service in Italy.

He has been greatly affected by the RSA case and said it was the first time he had spoken to anybody about the emotional toll.

Mr Smith admits to assault convictions several years ago, but said he had stayed out of trouble until "the biggest trouble of my life came and found me".

Testifying was the least he could do for the victims' families.

"I don't feel proud, or good about this. I don't feel good about any bloody thing ... I don't want no Brownie points. I just hope they [the families] get some satisfaction."

He said he had been shown graphic photographs of the victims in court. "It was hard not to cry. You could see the loss. There was no need for it ... the poor bastards."

Testifying was not easy. During depositions, Bell repeatedly intimidated Mr Smith before lunging towards him screaming, "I'll cut your head off". Four policemen had to hold him back.

Mr Smith stood up to Bell, described by police as a psychopath, before being led out of court. He said he tried to ignore Bell and focus on his testimony. He had no fear of the killer. "He's weak. He bashed old people."

He predicts Bell will find jail impossible after such a crime. "He will never come out."

Mr Smith's own ordeal worsened when the case went to High Court trial and Bell accused him of being the killer and even presented a note he had forged in Tupe's name saying Mr Smith had bashed the victims.

He said he felt he had no choice but to help his cousin when Tupe came to his home that day.

"I'd never turn him away ... but if I'd known what they did, I would have dragged him to the police station myself."

He was driving Tupe home to Mangere when Bell called on his cellphone asking to be picked up from the Manukau Shopping Centre. Bell was furious his getaway driver had deserted him at the RSA.

Mr Smith said Bell seemed confused by a stranger's presence when he and Tupe turned up at the mall. He firmly believes Bell would have killed Tupe if Tupe had been alone.

"Darnell knows he was next on the list ... He would have got wiped. The guy kills three people, almost four, what difference is one more?

"But it stuffed him that I was there and it followed him all the way through to jail. I smile at that."

Mr Smith went with Bell and Tupe to a motel, where the loot was shared and evidence disposed of.

Police found Mr Smith a few days later, and he immediately agreed to tell them everything he knew. But it would be six months before his immunity was confirmed.

"I came to the conclusion I'm gonna go away for five years unless these guys [police] can convince whoever in Wellington that I'm genuine. It was like ... I needed them and they needed me. All I was afraid of was going to jail for someone else's crime."

Mr Smith said he was impressed that police "believed in me and went hard core for me", applying three times for immunity after it was initially declined.

The hardest part of testifying, he said, was trying to stay composed and not "lose it" under cross-examination.

Mr Smith said now that the case was over, he felt nothing but sadness.

"It's affected me more than anyone will know. It will never go away.

"I think that bastard woke up that morning and decided he was going to kill someone.

"All I could do was go to court and be a witness - if it helped to put the bastard away, then it's done."