Court quashes murder conviction

The Court of Appeal has quashed the murder conviction of a Te Puke man found guilty of killing Tauranga businessman Gary Kimura and substituted it with manslaughter.

Witeri Ahomiro Neketai, 37, was convicted by a jury at the High Court at Hamilton in July 2013 of murdering Mr Kimura in 2011. He was sentenced to life in jail in October 2013, with a non-parole period of 13 years.

Mr Kimura was knocked unconscious by Neketai outside his Margaret Rd home on October 5, 2011, and died six weeks later in Tauranga Hospital, on November 16 - the victim's 44th birthday.

His injuries included a fractured skull, injuries to the brain, fractures to both eyesockets and fractures to the left side of his face.

Neketai was enlisted by Joseph Russell Rewiri, who was behind bars doing time for murder, to collect a $30,000 drug debt from Mr Kimura and when he refused to pay Neketai punched him. Mr Kimura fell, hitting his head on a concrete driveway. He was kicked while he lay prone. His wife Rosina discovered him lying face down in pool of blood after the attack.

Rewiri, aka Jody Rutledge, pleaded guilty to manslaughter after his murder charge was reduced.

He has been behind bars since February 2008, serving a life sentence for murdering Peter Franklyn after gunning down his ex-mate outside Rotorua International Stadium in May 2006.

From prison, Rewiri sent texts to Neketai including an instruction to "hammer" Mr Kimura first before giving him a good talking to, and following his visit Neketai texted Rewiri back, saying: "Hes in a Coma cuzan jst for you."

Rewiri received nine years' prison for his manslaughter conviction, to be served concurrently with his existing life sentence.

Neketai argued to the Court of Appeal the only reasonable verdict was manslaughter and if his appeal was unsuccessful he contended the minimum parole period was "excessive".

The Court of Appeal justices ruled his appeal must be allowed, stating there was "no evidential foundation of a verdict of murder and manslaughter was the only proper verdict".

"There was no evidence from which the jury could be sure Neketai knew that the injury inflicted by the punch was likely to cause death ... and no evidence that the kick was the cause of death," the justices said.

Neketai will be re-sentenced on the manslaughter conviction at a date yet to be set.

- Sandra Conchie of the Bay of Plenty Times

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