Operation Totara: ‘Something out of CSI’, defence counsel say Mongrel Mob accused wasn’t at alleged murder scene

Nine people are defending the murder of Tauranga man Mitchell Te Kani on May 14, 2022. Tenth accused, Jamie Thomas, earlier had all of his charges dismissed. Photo / NZME

A defence lawyer says the case against his client in a Tauranga murder trial is akin to an episode of CSI: Miami – a work of fiction.

Nine people, eight of whom are Mongrel Mob members, have been on trial in the High Court at Hamilton over the past seven weeks for the murder of Mitchell Te Kani on May 14, 2022, and the serious assault of several whānau at their Maungatapu Rd property.

Rebekah Webby, lawyer for the 10th accused, Jamie Thomas of Rotorua, successfully got all his charges dismissed.

Nick Dutch, on behalf of defendant Hamiora Bennett, told the jury today his client was in a unique position as the Crown had not been able to prove that he was at Maungatapu Rd that fateful night.

“The Crown case against Mr Bennett is like something out of CSI: Miami. The Crown case is really like that, a fictional programme.”

He urged the jury not to fall into the trap that just because the Crown reeled off a series of numbers relating to DNA, that somehow his client was guilty.

“When you think DNA you think that’s the answer. The real danger in this trial is that you will give that CSI DNA more credit than you should.

“The Crown case against Mr Bennett is made up of false assumptions, circumstantial scientific evidence and nothing else.”

He said the Crown wanted to convict Bennett on not only inferences, to get a conviction on the most serious charge, but “an inference on an inference on a guess on an inference”.

He urged the jury not to rely on what the lawyers told them, but on what the evidence depicted.

All the evidence showed of Bennett’s movements was his arriving at the GC Bar at 2.15pm, leaving at 8.06pm, and then a drop of his blood was found at the Te Kani whānau property.

Hamiora John Te Moana Bennett. Photo / Mike Scott

“Why didn’t the Crown summarise it like that because that’s what you have heard ... Mr Bennett is not identified by [police] despite six months looking at a 14-second video.

“Like most of the other people at the GC bar, he left in a vehicle that does not feature anywhere in this trial, with a man who does not feature in this trial.”

Witnesses had also spoken of “a sea of red” at the Maungatapu Rd property, yet Bennett was wearing a white t-shirt with his black vest at the GC bar.

Dutch said the only explanation for Bennett’s blood being found in the BMW, which went to Maungatapu Rd that night, was that it was already in there before it left.

“This is the CSI effect. There’s no DNA presence.”

Dutch said there was also no evidence that a crowbar was used to kill Mitchell, despite the Crown opening the trial with that submission.

Mitchell’s brother, Thomas Te Kani, who was at his side, never saw it, while forensic pathologist Dr Simon Stables gave evidence the crowbar wasn’t his weapon of choice in determining what weapon likely struck Mitchell around the side of the head.

“Their own experts are against it ... the answer will tell you a lot about what’s really going on here in this trial ... they’re asking you to draw inference upon inference.”

‘The epitome of thoughtless, chaotic gang life’

Jahvaun Layne’s counsel Jessica Tarrant was succinct in her closing statement.

“Let’s get real here, members of the jury,” she said.

Jahvaun Te Ari Layne. Photo / Mike Scott

“I’m not going to stand here and ask you to acquit my client on all charges.

“A man has died here and some responsibility has to be taken for that.

“What I’m going to ask you is to hold Mr Layne accountable for the right tariff and that’s manslaughter.”

There was evidence to pin her client at the scene, including blood and DNA evidence on a Woodstock can, but he had never denied being there.

Layne had been drinking all day that day, along with his Mongrel Mob associates, and then he decided to get into a car and head to Maungatapu Rd, not realising what he was getting himself into.

“What we don’t know is why anyone got in the vehicle and followed.

“This is the epitome of an unplanned, impulsive, thoughtless and chaotic gang life.”

Layne was prepared to take some responsibility for Mitchell’s death, not for his murder, but his manslaughter.

The defence closings will continue before Justice Andrew Becroft delivers his summing up and the jury is sent to begin its deliberations.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for nine years and has been a journalist for 20.