The trial of five men charged over the murder of Wanganui toddler Jhia Te Tua today heard closing statements from lawyers for the alleged shooter and a man police say gave the order to shoot.
The Crown alleged Hayden John Wallace, 27, leant out the window of a car at the front of a convoy of Mongrel Mob members and associates as it drove past the Te Tua household in the suburb of Gonville on May 5 last year and fired shots from a .303 rifle.
One bullet struck two-year-old Jhia as she slept inside the house, killing her instantly.
Crown prosecutor Grant Burston yesterday referred to statements by two men who admitted being part of the convoy and claimed to have seen Wallace firing into a group of Black Power members assembled outside the house.
Wallace's lawyer Paul Mabey QC said his defence was simple - Wallace wasn't there.
Wallace gave evidence earlier this week describing how he had spent much of the night wandering the streets of Wanganui visiting friends' homes.
Mr Mabey disputed the credibility of the men who fingered Wallace as the shooter, both of whom had been granted immunity for their cooperation with police.
He said the "detail was brilliant" during one man's description of events as he "followed his script".
The second man, Mr Mabey said, claimed to have joined the others as a "peacekeeper" but had not sought to prevent the shooting until the last minute.
Chris Stevenson, lawyer for Karl Unuka Check, 26, who was alleged to have ordered the shooting, focused on Check's manner after the convoy returned to the Mongrel Mob's Wanganui pad.
Witnesses had described how Check appeared upset following the shooting and Mr Stevenson said he had been "pissed off". He did not have the demeanour of someone whose orders had just been carried out, Mr Stevenson told the jury.
He also suggested it was unlikely three car loads of mobsters would have been enlisted for a drive-by shooting, instead the convoy believed it was heading to a fist fight.
"This was meant to be gang rumble. Three car loads is hardly a sneaky drive-by."
Lawyers for the other three murder accused, Ranji Tane Forbes, 21, Erueti Chase Nahona, 20, and Richard Anthony Puohotaua, 28 and for Luke John Check, 24, who is accused of being an accessory to murder after the fact, were expected to complete their closing statements over the next two days.
A murder charge against Godfrey Thomas Muraahi, 27, was dropped on Monday as he pleaded guilty to a lesser charge of manslaughter. He also admitted being part of an organised criminal group.
Muraahi was remanded in custody for sentencing.
