Killer Clown Fiends' appeal fails

BLAIR ENSOR
Last updated 15:19 19/12/2012
Karl  Nuku and  Mikhail Pandey-Johnson
ANDY JACKSON/Taranaki Daily News
"Killer Clown Fiends" Karl Nuku and Mikhail Pandey-Johnson have failed in their bid to have their murder convictions overturned.

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The Killer Clown Fiends behind the cold-blooded execution of a drug dealer have failed in a bid to have their murder convictions overturned.

Dean Browne, 38, was repeatedly hit with a hammer while he slept at an Oriental Bay house on January 21, 2010, after an alleged falling-out over drugs.

After he was fatally injured he was injected with morphine, and the Crown said he was already dead when he was put into the boot of a car and his body driven to New Plymouth, where it was left in a garage and discovered the next day.

Aucklanders Mikhail Rafael Pandey-Johnson and Karl Teangiotau Nuku were found guilty of his murder, Nuku for wielding the hammer and Pandey-Johnson for encouraging him, although he was not present at the time.

A third man, Rhys Fournier, was acquitted. All three men were members of a gang called the Killer Clown Fiends.

Pandey-Johnson and Nuku appealed their convictions and sentences earlier this year.

A Court of Appeal decision released today dismissed their challenge.

The pairs' lawyers had said the order that the pair serve at least 18 years of a life sentence should be reduced, but the Crown said the attack on Mr Browne had been planned and it was hard to imagine a more cold-blooded execution.

Much of the appeal was about the role of the woman - known as Witness 29 because her name was suppressed - who injected Mr Browne with morphine,  and whether the morphine could be excluded as having killed Mr Browne.

Pandey-Johnson and Nuku argued her evidence should have been ruled inadmissable and lead to a miscarriage of justice.

The Crown said the jury saw Witness 29 give evidence over the course of a week during the trial and considered her evidence critically. It looked for support for her story from scientific and other evidence and when support was absent it rejected her evidence.

Contact Blair Ensor
Police reporter
Email: blair.ensor@dompost.co.nz
Twitter: @blairensor

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- The Dominion Post

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