Court told of gun threat

A visit to a man who acknowledged his home had been a "bit of a tinny house" was the focus of evidence in a murder trial in the High Court at Dunedin.

The trial relating to the alleged murder of Justin McFarlane continued yesterday before Justice David Gendall.

The episode was the focus for the entire day, and concerned murder accused Robert Cummings, Ryan Geary-Smart, and Jacob Geary-Smart.

It did not involve the other murder defendant, Steven Boskell, nor the woman charged as an accessory. Justice Gendall warned the jury to consider the evidence only in relation to the Geary-Smart brothers and Cummings.

Giving evidence, Neville Wareham, of Oamaru, acknowledged his home was a "bit of a tinny house" before police visited him on August 2 last year, a couple of weeks before the visit from the three men. They did not seem to know he had been caught by police for possesing cannabis and possessing cannabis for supply, he said.

He had been discharged from hospital a day or two previously, having suffered a serious health event.

Of the three, he knew Cummings the best, but initially struggled to recognise him, as he had tattoos on his face. He was acquainted with Ryan Geary-Smart, and did not know Jacob Geary-Smart.

Several other people were at Mr Wareham's house during the visit.

Ryan Geary-Smart did almost all of the talking, and said Mr Wareham was selling cannabis in "their town". He wanted $2000 upfront, after which they would supply his cannabis, and then take a cut from every cannabis transaction.

The money would give Mr Wareham protection. The three were "very polite" throughout the encounter.

At one point Jacob Geary-Smart said: "We own a gun now, and we're not scared to use it".

Mr Wareham explained he had been busted by the police, and had recently been in hospital.

"They decided to go light on me."

Ryan Geary-Smart had said they would be back in about a week to pick up the money, but they never returned.

Mr Wareham said he was a bit worried about the encounter, and viewed the gun comment as a threat.

"To start with, I couldn't believe what he was saying."

Before the trio left, he hugged Cummings, and said it was good to see him.

Ryan Geary-Smart's lawyer Andrew More suggested to Mr Wareham that he had not taken the incident particularly seriously, and that the visit was to offer a commercial opportunity.

Mr Wareham said he initially did not take it too seriously, but the more he thought about it, the more he became worried.

The jury heard from three others who were present during the visit. They were cross-examined in detail by defence lawyers, who wished to establish their client's exact role.

Mr Wareham's friend David Andersen said he got a "bad vibe" when the trio arrived, partly because "being white supremacists [it] sort of gave me a bad feeling."

Cummings stood out because of his shaved head and facial tattoos. The Geary-Smart brothers also had shaved heads.

"I just got a bad vibe off them."

At one point, he left to ring a friend to ensure he would have support if there was trouble.

Cummings' lawyer Anne Stevens asked Mr Andersen if his perception was formed because the three had an appearance of toughness. He agreed this could be the case.

Mrs Stevens asked him about his use of the word "enforcer" to describe Cummings' role, and Mr Andersen agreed Cummings had not spoken, and had kept his distance from Mr Wareham.

Another witness, Amber Duff, described the episode as "intimidating", and said Mr Wareham looked nervous and worried. Ryan Geary-Smart had been standing over the seated Mr Wareham, with his arms folded.

She accepted under cross-examination by David More, acting for Ryan Geary-Smart, that Mr Wareham had described their behaviour as polite. She did not agree they had been "courteous".

Another witness, Anita-Tyne Scherp, said she could not recall much of the conversation, but the group's demeanour was staunch and intimidating.

Under cross-examination from Mrs Stevens, she agreed she thought the group was part of "white power". As someone of darker skin, she had avoided eye contact with them.

The trial continues today.

 

 

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