Witness trial hears of torture

Jurors in the murder trial of Wayne Bracken and Neville Joseph Dangen examine the scene at the Wairakau Stream Track. Photo / Peter De Graaf

A murder-accused also charged with kidnapping has previously tied up and tortured another man, a High Court jury has heard.

Wayne Bracken, 35, and Neville Joseph Dangen, 24, are jointly charged with kidnapping Jack Davis before he was taken to the Wairakau Track in Northland and killed with a thistle grubber.

The pair are on trial in the High Court in Whangarei.

Matthew Raharaha, a sentenced prisoner, took the witness stand yesterday.

Crown prosecutor Mike Smith queried a reluctant Raharaha about a statement he made to police in 2003 in relation to being kidnapped, tied up, gagged and tortured by two men, including Wayne Bracken.

Raharaha responded to most questions with "I can't remember" and also said he couldn't be bothered with the incident that happened nine years ago.

Reading from the statement, Mr Smith said Raharaha had been hitchhiking in a remote area near Taipa when he was picked up by Bracken and taken to a quarry.

The jury of six men and six women heard how Bracken then accused Raharaha of stealing his cannabis while holding a full length pump action shot gun.

Bracken fired a shot into the air before he bound Raharaha's hands and feet behind his back with anchor rope, gagged him with car seatbelts and put a black jacket over his head.

Raharaha told police he was then left overnight in a car boot.

Bracken returned the following day with another man and hit Raharaha with the gun on the knee and across his head, while the other man held a knife. They threatened to cut off his ear and were going to find petrol to burn him alive.

Eventually Raharaha was dumped nearby in pampas grass. He managed to free himself from the ropes and get help.

During questioning by Jonathan Krebbs, a lawyer representing Bracken, Raharaha said his statements to police were incorrect and Bracken had not been involved in his kidnapping.

He had been under pressure by "others" he was not prepared to name.

Raharaha said he had been pressured to make the statement to get Bracken arrested.

"There's no denying I did make the statement but in relation to Mr Bracken it wasn't true," Raharaha said.

At a depositions hearing in Kaitaia in relation to the incident, Raharaha said he couldn't remember anything and the charges against Bracken were dismissed.

Lawyer Michael Dodds put it to Raharaha he didn't want to be known as a "nark" in prison.

Raharaha replied: "I've got nothing to be afraid of."

Bracken faces additional charges of aggravated robbery, assault with intent to injure and unlawfully entering a building, all relating to separate events between January 1 and February 25, 2011. Dangen also faces a charge of receiving a boat worth in excess of $1000, between January 1 and February 25, 2011.