Kahui not guilty in just 10 minutes (+video)

'... the blood of two babies still cries from the grave for justice'

The Dominion Post
Last updated 22:10 22/05/2008
JOHN SELKIRK/The Dominion Post
A FREE MAN: At the verdict he gasped. Outside the courtroom, Chris Kahui said he was felling 'good, real good. I'm going to start my life again.'

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A jubilant Chris Kahui will now fight for the custody of his only surviving child, whom he blamed for his twins' fatal injuries.
View video: Reaction to Kahui acquittal

Mr Kahui walked out of the High Court at Auckland and into legal history for the fastest murder acquittal after a jury took just 10 minutes to reject the prosecution case and declare him not guilty.

The 21-year-old has already buried three of his children - the twins Chris and Cru and their triplet sibling who was stillborn when the three were delivered 11 weeks prematurely.

Despite a crushing rejection by jurors, police maintain they got it right by charging Mr Kahui and that his domineering partner, Macsyna King, will not be reinvestigated. The decision means there will be no justice for Chris and Cru, who died after a miserable three months of life.

A man who answered the door at Ms King's Papatoetoe house last night said she was not home and ordered reporters off the property. The sound of Mr Kahui's lawyer, Lorraine Smith, being interviewed on television could be heard from inside the house.

Mr Kahui had been on trial at the High Court in Auckland for the past six weeks, charged with murdering Chris and Cru. They were admitted to Middlemore Hospital on June 13, 2006, and died five days later at Auckland's Starship children's hospital. They had severe brain injuries and broken ribs. Chris had a broken leg.

Part of Mr Kahui's defence was that his 12-month-old son, Shayne, injured the babies in their cot. Shayne, now three and in Child Youth and Family care, will be at the centre of a custody battle.

"Any discussion regarding Shayne will be held privately with the family, not through the media," a CYF spokeswoman said.

Their were emotional scenes at the High Court after the jury retired at midday, went to lunch for an hour and then, just 10 minutes after returning, passed a note to the court registrar saying they had reached a unanimous decision.

Fifteen minutes later the verdict was read - Chris Kahui was not guilty on two counts of murder and not guilty of two counts of manslaughter. He slumped into his seat in the dock, looked up at the ceiling and gasped with relief.

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Family members put their hands on the shoulders of his father, Banjo, and clasped his hands. Tears welled in the eyes of many, including the two women who defended him, Ms Smith and Michelle Wilkinson-Smith.

Outside the courtroom, Mr Kahui said he was feeling "good, real good ... I'm going to start my life again."

Ms Wilkinson-Smith said it was the right verdict. "We're very mindful of the tragedy of the case - there are two babies dead and no one is gloating." Mr Kahui had conducted himself with remarkable dignity throughout the whole process, she added.

A spokesman for the Kahui whanau said the family needed time to regroup after a difficult 2 1/2 years. "Chris Kahui continues to express his innocence ... and he is pleased he has been eliminated as a suspect.

"This is not a time to celebrate because the blood of two babies still cries from the grave for justice."

Crown prosecutor Simon Moore was caught off guard by the jury's quick return and was not in court to hear the verdict. Nor was Ms King present.

Police believe they charged the right person and will not be charging anyone else. "There will be no further investigation," inquiry head Detective Inspector John Tims said.

"I've given 100 per cent, my team has given 100 per cent, and we can do no more. There are no new leads to follow up."

Commenting on the speed of the verdict, Wellington defence lawyer Greg King said it was "overwhelming" and praised Mr Kahui's defence team.

COUNTING DOWN

* Three months: The age of twins Chris and Cru Kahui when they were taken to Middlemore Hospital on June 13, 2006. They died five days later,within 14 hours of each other.

* Five months: How long the police investigation took, involving 14 police at its height. The twins' father, Chris Kahui, was arrested and charged with their murder on October 26, 2006.

* Twenty-two months: The time from the twins' death to when the trial of Mr Kahui began on April 14.

* Six weeks: The duration of the trial, involving more than 60 witnesses and 1933 pages of evidence.

* Ten minutes: How long it took the jury to acquit Mr Kahui of the charges.

QUICK JURIES

A 15-minute verdict in a murder case is highly unusual. Other speedy verdicts include:

2006: Jury takes 90 minutes to find Taranaki farmer Gavin Vanner not guilty of manslaughter after his four- year-old daughter, Molly, died while driving a quad bike on the family farm.

2004: Jury takes 47 minutes to find a Nelson baby's father not guilty of murder or manslaughter, despite his admission during the trial that he held his hand over the five- month-old baby's face till she stopped breathing. The baby had been diagnosed as having severe brain dysfunction.

2000: Jury takes 70 minutes to find Charlotte Rangimarie Busby, 34, not guilty of murder and of manslaughter of her partner Victor Te Kira, who died of a stab wound in their Kaitaia home. Ms Busby claimed self-defence.

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