Accused tells of Oamaru gang life

The first evidence from one the men accused in the Justin McFarlane murder trial was heard yesterday.

Steven Boskell told Justice David Gendall in the High Court at Dunedin of drugs, violence and youth gangs in Oamaru.

He also said co-accused Robert Cummings had once put a gun to his head and pulled the trigger, and was not a man he wanted to be alone with.

The Crown concluded its case in the morning, in the 7th week of the trial.

The defence case then began, and Boskell's counsel, John Westgate, told the court the incident that ended in Justin McFarlane's death took place just three weeks after his client met Cummings.

He said he was not saying Boskell was not involved.''

I'm saying he's not involved as a murderer, either as a principal, or as a party.''

Responding to Mr Westgate's questions, Boskell said he met Ryan and Jacob Geary-Smart in July last year, less than three months before Mr McFarlane's death.

''I knew pretty much [they] was into the skinhead stuff.''

Boskell was ''more into Crip''.

The Crips are a street gang, active in Christchurch, known for wearing blue.

The three used Ritalin regularly - Boskell said he took the drug four or five days a week.

He met Cummings in August.

He was not interested in the skinhead ''creed'', which he said had ''nothing to do with me''.

Boskell said he first met Cummings at the Geary-Smarts' home, and Cummings ''didn't exactly like the way I looked''.''

I could tell he didn't like the fact I was a Crip.''

Boskell told of the days after Cummings arrived in Oamaru in August.

That included him driving the Geary-Smarts and Cummings around Oamaru to visit people, which the court heard earlier in the trial resulted in demands on drug dealers for a cut, in return for protection.

Boskell said there was friction between him and Cummings over Ritalin tablets he (Boskell) had promised Cummings but not delivered.

On September 7 last year, about 10 people were drinking at the Geary-Smarts' Hull St home.

Cummings was ''sitting at the table playing with a gun'', which the court heard earlier in the day was a sawn-off .22 rifle.

At some stage during the night, Cummings and Ryan Geary-Smart were having a discussion in a room when Boskell interrupted them.

Boskell said Cummings ''said something to me, then he just loaded it, pointed it at my head and pulled the trigger''. He did not tell the police about the incident, because ''besides this point here, I don't nark on people''.

On the evening of the murder, Cummings asked Boskell if he knew where to ''score dope''; Boskell said he did.

''I said his name was Spook [McFarlane].''

The five drove to the Elderslie address.

Cummings and Boskell got out, and Cummings told him ''we were going to take the dope off him''.

Mr McFarlane opened the door, and Boskell ''asked for a 50 bag''.

Inside the house, Cummings gave Boskell ''an evil stare'' and told him to hit McFarlane with a beer bottle, which he did.

Cummings had a golf club, and handed Boskell a fire poker.

Boskell said Cummings ''lifted up the golf club - he told me to hit him, or he'd hit me''.

Boskell said he hit Mr McFarlane four or five times on his right side.

The Geary-Smart brothers came into the house, and Jacob Geary-Smart threw a television towards Mr McFarlane. It hit a wall.

Boskell said someone said ''something about [Mr McFarlane's] car keys'' - Boskell gave them to Jacob Geary-Smart, who left the house.

Ryan Geary-Smart and Cummings walked over to the chair and punched and ''stomped'' Mr McFarlane ''around the waist area''.

Boskell said nobody spoke as this was going on.

Cummings told Boskell to tell Mr McFarlane to get up, which he did.

Mr McFarlane was told to lie on the floor, Ryan Geary-Smart ripped a cord from a vacuum cleaner, and tied Mr McFarlane up.

Boskell said he put his foot on Mr McFarlane's back ''to stop him moving''.

A sheet over a kitchen entrance was ripped down and placed over Mr McFarlane's face, ''so he could not see our faces''.

Mr McFarlane's car alarm went off, and Boskell left the house, still with the fire poker in his hand.

''Somehow Spook yells out, `It's the second button down','' he said.

Jacob Geary-Smith turned off the alarm, started the car, and Cummings, still with the golf club in his hand, came outside.

''He told me and Jake to go.

''He said he was going to finish him off.''

Boskell said he dropped the fire poker, got in the car with Jacob, and the pair left.

The trial continues today.