Murder accused freed after evidence faulted

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Private investigators have helped to win freedom for the man accused of murdering his neighbour Chattrice Maihi-Carroll two years ago.

In the High Court at Napier yesterday, Zion Hiona King, 48, was allowed to go free after Justice Denis Clifford granted an application from defence lawyer Peter Williams, QC, for a discharge under Section 347 of the Crimes Act.

Mr King had been accused of stabbing to death Ms Maihi-Carroll, 46, in her home in the Napier suburb of Onekawa in January 2008.

In court Mr Williams referred to evidence from prosecution witnesses, and cited fresh evidence that contradicted the original statements. These applied particularly to the timing of comments that Mr King had made concerning the murder.

Mr Williams said there was no forensic evidence to connect Mr King with the murder, but there was DNA evidence that tended to exclude him.

Prosecutor Russell Collins agreed it would be unsafe for the trial to go ahead, and Justice Clifford granted the discharge.

After Mr King was discharged, Mr Williams, who was assisted by his wife, Heeni Phillips, and lawyer and former Napier MP Russell Fairbrother, praised the private investigators who had worked with them. "They discovered invaluable exculpatory evidence," he said.

The case against Mr King had been based on the claim that he had mentioned the murder to workmates at the Hatuma pea-processing plant before he was told about it by police. But evidence gathered by the investigators, including phone records, cast considerable doubt on the police evidence, Mr Williams said.

"There was a meeting that witnesses thought was on the Monday, but it was on the Tuesday," he said.

Witnesses had claimed that Mr King had left his workplace on the Monday morning, but a workman said Mr King had helped him fix a refrigerator door at the workplace during the time in question, and this workman kept detailed records of his movements.

Experts had found that DNA on a glass in Ms Maihi-Carroll's house belonged to an unidentified man who was not Mr King, Mr Williams said.

The defence had needed to use a lot of resources to build its case, and legal aid would cover these costs.

Mr King, who spent 14 months in custody before being granted bail last August, said he was relieved at the decision to discharge him. "I'm not responsible for this murder and I've always said this.

"My plan now is to rebuild my life again. I want to thank Peter and Russell and the other people who got involved in the case, and my seven children and six grandchildren who have been behind me all the time."

Ms Maihi-Carroll's brother, Whiu Carroll, said the family was in shock over the decision made by the court.

"The family is pretty disappointed it didn't go ahead," he said of the prosecution case.

"It's in its third year now and for it be chucked out is quite devastating."

The family would consider its further course of action after the judge's written decision was published.

WILLIAMS BOWS OUT ON A WINNING NOTE

The long and colourful legal career of Peter Williams, QC, has come to an end with yet another victory for the defence.

Mr Williams, 75, yesterday won a discharge for murder accused Zion King by presenting fresh evidence before the trial started. "I decided to take on this case because, after a brief meeting with Mr King, I was convinced of his innocence," he said.

"I've got to know him over the last 18 months and I realise he's a highly intelligent and articulate man who has suffered grievously as the result of this charge."

Mr Williams has defended many high-profile murder accused, including Arthur Allan Thomas and Terry "Mr Asia" Clark.

He is president of the Howard League for Penal Reform, trying to improve conditions for prisoners.

Mr Williams celebrated the victory and the end of his legal career by visiting a winery with his wife, Heeni Phillips, and Napier lawyer Russell Fairbrother, who both worked with him on the King case.

His plans for his retirement include tennis, sailing, writing poetry and "mooching about". If he had not been a lawyer, he would have liked to have been a journalist, he said.

- © Fairfax NZ News