Tuesday, November 7, 2017
ROBERT Roupere Hohua
Haylee King
ROBERT Roupere Hohua has been found guilty of murdering his partner in November last year.
A 12-member jury reached a unanimous verdict in the High Court in Tauranga yesterday afternoon after a week-long trial.
Hohua was convicted of murdering Marie Harlick, 35, at their Wellington Street, Opotiki home. The Opotiki man admitted he killed Miss Harlick by assaulting her, but denied murderous intent.
The jury – consisting of six men and six women – was to decide if Hohua intended to kill Miss Harlick or the alternative, that he knew the assault was likely to cause her death.
The Crown was represented by Aaron Perkins QC and Richard Jensen.
Hohua was represented by Gene Tomlinson.
Justice Anne Hinton, in her judge’s summary yesterday morning, said Hohua admitted he killed Miss Harlick by assaulting her but it was up to the jury to be convinced of murderous intent.
Defence lawyer Gene Tomlinson said Hohua accepted manslaughter but denied murder.
Hohua’s trial began on Monday, October 30. The court heard of the events that occurred before, during and after Hohua’s violent attack on Miss Harlick.
The couple had been in a relationship for two years and had a one-year-old daughter together.
Mr Jensen said Hohua, Miss Harlick and friends were drinking and smoking cannabis together during the afternoon.
To comply with his 7pm curfew, Hohua left the property but later returned with assumptions that Miss Harlick was being unfaithful.
When he arrived at the property, with their daughter in a stroller, he was unable to enter the house. He broke a window and opened the door.
Inside, he was unable to locate Miss Harlick. When he did see her walk through the back door, he 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.
Marie Harlick
“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.
The jury heard from both Crown and defence counsel and numerous witnesses – neighbours, police and professionals, including a pathologist and scientist, last week.
In summary, Justice Hinton said the Crown made five points that inferred intention to kill or the alternative form, that Hohua knew the consequences of the assault.
Mr Perkins said the nature and extent of the assault, length of the attack, what Hohua was heard saying on the night by neighbours, Hohua’s behaviour after the assault and that if someone was in a raged mindset, they would be prepared to kill.
Mr Tomlinson said Hohua accepted he had “done a terrible thing”.
“[There is] acceptance that he has killed and committed an unrightable wrong. He’s taken a life that he should have been protecting.”
But his client did not intend to kill his partner.
Mr Tomlinson said Hohua was in a blind rage, which meant he didn’t think, see or appreciate what he was doing.
“He was blind to the consequences or possible consequences.”
Evidence provided to the jury indicated Hohua was genuinely upset about Miss Harlick’s death.
Hohua was uncontrollably upset when he was first told Miss Harlick had died, proven by a phone video recorded by police as evidence for not being able to process him.
In interviews with police Hohua said he did not intend to kill Miss Harlick.
And, when Hohua was alone in the shower, when he was not expecting anyone, he was found sobbing by a police detective.
Justice Hinton explained to the jury, from defence statements, “he did not know, and did not appreciate kicking her to the mid-section and head would kill her”.