Tuesday, October 31, 2017
Robert Hohua pleaded not guilty to a charge of murder at the
High Court in Tauranga yesterday. Photo supplied
Haylee King
The first punch knocked Marie Harlick to the ground.
Successive punches and stomps for the next 20 minutes resulted in the woman’s death.
The murder trial of Robert Houpere Hohua began at the High Court in Tauranga yesterday.
The Opotiki man has pleaded not guilty to a single charge of murder.
It is alleged Hohua murdered his partner, Miss Harlick, 35, on November 22, 2016 at her Opotiki home.
The jury, comprising six men and six women, was selected before Justice Anna Hinton yesterday morning.
The crown was represented by Aaron Perkins QC and Richard Jensen.
In his opening statement, Mr Jensen shared with the jury details of Miss Harlick’s murder and the events that led to the fatal assault.
The couple had been in a relationship for two years and had a one-year-old daughter together.
At the time of Miss Harlick’s death, Hohua was living at Windsor Street, Opotiki, on bail for a domestic violence charge that had occurred seven weeks prior.
Mr Jensen said on October 4, 2016 Hohua had assaulted Miss Harlick and was facing a charge of injuring with intent to injure.
His bail conditions included no contact with the victim and he had a 7pm to 6am curfew.
The couple did not adhere to the conditions and were together on the night of the murder, along with four friends and six children at Miss Harlick’s Wellington Street property.
Mr Jensen said the adults at the property were drinking alcohol and smoking cannabis together on the afternoon and into the evening.
To comply with his curfew, Hohua left the address before 7pm with their daughter and two male friends.
“At 9.30pm, the defendant decided to return to Wellington Street because he was concerned that Miss Harlick was being unfaithful to him. He left Windsor Street, pushing [their daughter] in her stroller,” Mr Jensen said. Shortly before 10pm, Hohua knocked at the door.
When the knock wasn’t answered he grew angry and with no further reply he smashed the window and opened the door.
“He was searching the house and unable to locate Miss Harlick before she walked in from the back door. The defendant immediately challenged her.”
Mr Jensen said Miss Harlick was “significantly intoxicated” and did not answer the defendant.
“He lashed out, punching her to the head and face, knocking her to the ground.”
Mr Jensen said at that point, Miss Harlick was either unconscious or semi-conscious when Hohua proceeded with further punches to her head and kicks and stomps to various parts of her body.
“It was a violent and bloody assault that lasted 20-minutes.
“He repeatedly shouted, which could be heard by neighbours, telling her to ‘get up off the ground so I can beat you’, and ‘get up before I kill you’.”
Mr Jensen said Hohua explained he tried cardiopulmonary resuscitation (CPR) before putting Miss Harlick’s body into the bath, because he thought she would choke on her own blood, where he washed her body.
Hohua checked on their daughter still strapped in her stroller, before removing Miss Harlick’s clothing and then her body from the bath and laid her on a mattress in a bedroom, covering her with blankets.
Mr Jensen said a neighbour called emergency services and at 10.24pm. The police arrived.
Hohua tried to flee from the rear of the property. When he failed to stop for police, he was tasered and arrested.
Constable Dave Robison, found Miss Harlick’s body and began CPR before St John Ambulance arrived at 10.40pm. At 10.47pm, resuscitation stopped, Mr Jensen said.
Mr Jensen said Miss Harlick’s post mortem indicated extensive injuries, including a torn artery in the abdomen that caused internal bleeding.
Defence lawyer Gene Tomlinson said there were two main issues with the Crown’s statement.
“There’s no issue that Hohua assaulted Miss Harlick that night and as a consequence, killed her.
“Manslaughter he accepts; murder he denies.”
He reminded the jurors they needed to be convinced Hohua had murderous intent.
“Did he actually think about it and then carry it out?”
“Did he know or actually think at the time that what he was doing would likely kill her?”
Mr Jensen said the Crown would call 23 witnesses to the stand to give evidence during the two-week trial.
The first witness was Eastern Bay CIB detective Michelle Anderson, who was the officer in charge of the scene. She set out the scene for the jury.
The crown’s further 22 witnesses will be called and heard during the week. The defence will make its case on Monday, November 6.