Police say Kahui `not shelved`

Within hours of the Prime Minister calling for someone to be held to account for the deaths of Chris and Cru Kahui, police in charge of the murder investigation rushed to assure the public the case has not been shelved.

The police statement contradicts comments made by the police officer in charge of the investigation on Thursday.

He said, after the jury found Chris Kahui not guilty of murder, the case was closed.

Today's statement from police comes after growing debate over the handling of the investigation and comments today from Helen Clark who said it was unacceptable that no one was held to account for the deaths of the Kahui twins.

Miss Clark, speaking on TV One's Breakfast, also said she believed police would look at the case again.

On Thursday, a High Court jury in Auckland found Chris Kahui not guilty of murdering his baby twins Cru and Chris two years ago. "I feel that someone has to be brought to account," Miss Clark said.

 "The two babies who were killed were treated so badly that they died and it's not right that no one is brought to justice for that."

She would not be drawn into criticising how police handled the case and the cultural sensitivity shown.

"It was an incredibly difficult investigation for them because a veil of silence came down over the entire family and everyone who knew them."

Miss Clark said police now had to decide how to go forward.

"The police are left thinking what do we do now? And while I understand in human terms the officer in charge of the investigation saying; `that's it we've got nowhere else to go', I think you'll find that the police will sit down, they'll look at this, they'll sift back through the evidence they'll see whether there's any other angles."

Counties Manukau police district commander Superintendent Steve Shortland said the case has not been "shelved" and would be re-investigated should new information come to light.

Mr Shortland said the Kahui investigation team have worked closely and sought advice from the Crown Solicitor at all stages of the inquiry.

"Our decision, reinforced by advice from the Crown Solicitor, is that there is no evidence that would warrant re-opening the investigation or charging anyone else in relation to the death of the twins, at this point."

Mr Shortland said as is standard practice for major investigations such as this, a debrief of the file would be conducted over several weeks by a senior police officer from outside the district.

"The debrief will also confirm what was done well and any improvements that we can make for future investigations."

On Thursday, hours after the verdict the officer in charge of the case, Detective Inspector John Tims said the police had no reason to revisit any of the evidence.

"As far as I am concerned the matter is closed. The jury has made its decision." Mr Tims said the murder investigation had been concluded by the decision of the jury.

He said no new evidence was produced during the trial to support a charge against Macsyna King, the mother of the twins, or anyone else.

"The defence did not bring any new evidence to the table. The evidence they brought to the trial was straight from the investigation file."

Speaking at her post-cabinet press conference after the police had issued their statement about the case, Miss Clark said she had talked to Commissioner Howard Broad yesterday and he had explained it was standard practice to hold an extensive debrief.

"The jury dismissed the case so the police will debrief to see whether there are any other angles they should be pursuing," she said.

"Under New Zealand's law of double jeopardy Mr Kahui cannot be tried again.

"So it would be a question of whether any evidence which comes to light points in the direction of any other person."

Miss Clark said proposed changes to the law of double jeopardy were in the Criminal Procedure Bill which has been in front of Parliament for more than a year.

One proposal was that when new and compelling evidence was produced which implicated an acquitted person, double jeopardy could be waived if the Court of Appeal was satisfied with the strength of the new evidence.

If that happened, the Solicitor-General could approve a new police investigation.

However, the legislation will not apply to anyone acquitted before it is passed by Parliament.

Miss Clark said she did not think "anyone of good conscience" could sit on information which hid the offender.

"Someone badly attacked those little babies which led directly to their deaths and that person should come forward, and those who know who it is should come forward," she said.

Police Association vice-president Stuart Mills said police officers wanted to see justice for the death of the Kahui twins.

"We can understand the disappointment the public feel over the acquittal, police feel the same disappointment."

Mr Mills said "those calling for an inquiry into the police investigations of the George Gwaze and Chris Kahui cases should remember that police laid charges in consultation, and after advice from the Crown Solicitor's Office, once the evidence had been reviewed".

He said police did not decide whether a High Court trial should take place and both cases went through a depositions hearing, which found there were cases to be heard.

"From the beginning, the death of the Kahui twins was an incredibly difficult case to investigate.

Police were hampered when the twins' family refused to talk to them and we need to look at how parties involved in these kinds of cases co-operate with police.

"To allow silence, effectively allows those who have committed a crime to hide."

He said perhaps it was time the law relating to criminal procedure and evidence was reviewed.

Those who were suspects of fraud and financial offending may be required to cooperate, while suspects of violent or sexual offending, or murder, may not, Mr Mills said.

 

Add a Comment