Pub patrons and staff describe fatal dispute

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The moments that led to the fatal stabbing of a Hawke's Bay man have been recounted in court.

Mongrel Mob prospect Hulio Ataria, 23, is on trial in the High Court at Napier charged with murdering Mark McCutcheon outside an Ongaonga pub on January 23 last year.

Ataria allegedly stabbed Mr McCutcheon three times, in a car park across the road from the pub, after a dispute between Mr McCutcheon and a patched gang member seen hitting a woman in a car. The patched gang member's name is suppressed.

Yesterday the jury heard from staff and patrons at the pub on the night. Malinda Reidy, who was an employee at the time, said Ataria and a patched gang member had left the pub after the gang member was asked to remove his patch or leave by pub owner Pat Quin.

They left with women who had been at the pub before they arrived – including the patched gang member's girlfriend, Joan "Awhina" Robinson.

Ms Reidy said that, a short time later, Ms Robinson ran back inside in tears. Then Ms Reidy was alerted to a fight outside.

She found Craig Turfrey, her partner, standing in front of Mr McCutcheon, with his hands on his shoulders and telling him to "calm down". Ms Reidy told them to go back in the pub and thought they were following her – but they weren't.

Mr Turfrey said an argument developed between Mr McCutcheon and the patched gang member after they told him to stop hitting Ms Robinson.

Mr McCutcheon walked across the road to his ute and took a shotgun in a case from behind the back seat.

When he took the gun case out, the patched gang member told Ataria to "get him" and Ataria ran at Mr McCutcheon, who swung the gun case from his hip like a baseball bat and hit Ataria in his side, Mr Turfrey said.

There was a scuffle and the gun ended up with Ataria, who then gave it to the gang member, he said. Mr Turfrey then got the gun and gave it to Mr Quin.

Another patron, Craig Mullan, said he saw the patched gang member punching the woman in the car "seven to 10 times". He said Mr McCutcheon walked to his ute and said: "I'll f...ing shoot you if you don't f... off."

The gang member responded: "You're nothing but a boy. Sieg him, get him," Mr Mullan said. "And that's when Hulio ran across the road."

Mr Mullan saw Ataria "punching him all over" and Mr McCutcheon dropped the gun, which was still in its case.

The trial, before Justice Alan MacKenzie, is expected to run until the middle of next week.

- © Fairfax NZ News