Don't convict on 'cell mate confessions', jury told

Last updated 19:31 24/11/2009

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It would be unsafe to base a murder conviction on the evidence of "so-called cell mate confessions", a Wellington jury has been warned.

Eight sentenced prisoners who told the High Court that Stephen Hudson, 39, had admitted to killing Nicholas Pike nearly eight years ago were serious and desperate criminals, defence counsel Mike Antunovic said today during his summing up at a trial, which is into its fifth week.

They had committed terrible crimes and a lot of them were serving long sentences without prospect of parole, he said.

Their varying reports of being told by the accused that he had shot, stabbed or clubbed his fellow drug dealer to death all came after a $50,000 reward was offered five years after the alleged murder, Mr Antunovic said.

"Until then there was a deafening silence from them."

Mr Antunovic said the flood of jail "admissions" came after police delivered copies of the reward notice and questionnaires to prisoners. All sorts of stories began emerging.

"It was hardly surprising."

As well as the method of killing, there were differing versions of how and where Hudson allegedly said he disposed of the body, including in the sea and in a forest.

Numerous reasons were also given for why the murder was committed.

"Stephen Hudson did not confess to anyone," his lawyer said.

It was unlikely his client would own up to people so that they could nark on him, especially at a time when he knew police were already investigating him over Mr Pike's disappearance.

One of the informants had not even been - as he claimed - in the same prison block or wing with Hudson, said Mr Antunovic.

The reward, which had not been paid out, was for information which helped find Mr Pike's body or evidence which led to a conviction in the widely publicised case.

The Crown claims that the accused murdered Mr Pike on March 18, 2002 near the Desert Road in the central North Island. His body has never been recovered.

Mr Antunovic challenged that. The defence alibi witnesses were consistent and reliable in their evidence that Hudson was in Masterton at the time, he said.

"The Crown's case has hopelessly failed against Stephen Hudson for murder."

In fact, it had failed to prove the charge beyond reasonable doubt by "a country mile".

Justice Ronald Young will address the jury of eight women and three men tomorrow morning before they retire to consider their verdict.

The 12th juror was discharged on health grounds.

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- NZPA

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