Operation Totara: ‘Something out of CSI’, defense lawyer says mutt gang defendants were not at alleged murder scene

“The Crown’s case against Mr Bennett looks like something out of the ordinary. Crime Scene: Miami. The Crown’s case is really that: a fictitious program.”

He urged jurors not to fall into the trap that his client was somehow guilty just because the Crown presented a series of DNA figures.

“When you think about DNA, you think this is the answer. The real danger in this court is that you give it CSI DNA has more credibility than it should.

“The Crown’s case against Mr. Bennett consists of false assumptions, circumstantial scientific evidence and nothing more.”

He said the Crown wanted to convict Bennett not only on inference to obtain a conviction on the most serious charge, but also “on inference based on inference based on inference.”

He urged jurors to rely not on what the lawyers told them, but on what the evidence presented.

All evidence of Bennett’s movements was that he arrived at the GC bar at 2:15 p.m., left at 8:06 p.m., and then a drop of his blood was found on Te Kani whanau property.

“Why didn’t the Crown summarize it this way because that’s what you heard…(police) did not identify Mr. Bennett despite him watching the 14-second video for six months.

“Like most of the other people in the GC bar, he drove off in a vehicle that is not listed anywhere in this trial, with a person that is not listed anywhere in this trial.”

Witnesses also spoke of a “sea of ​​red” at the Maungatapu Road site, but Bennett was wearing a white T-shirt and black vest at the GC bar.

Dutch said the only explanation for Bennett’s blood being found in the BMW that drove onto Maungatapu Road that night was that it was already there before it drove off.

“This CSI effect. There is no DNA.”

Dutch said there was also no evidence that a crowbar was used to kill Mitchell, despite the Crown opening the trial with that statement.

Mitchell’s brother Thomas Te Kani, who was next to him, never saw it, while forensic scientist Dr Simon Stables proved the crowbar was not his weapon of choice when determining which weapon was likely to hit Mitchell on the head.

“Their own experts are against it…the answer will tell you a lot about what’s really going on in the process…they’re asking you to make inference after inference.”

“The epitome of the mindless, chaotic gang life”

Jawaun Lane’s attorney, Jessica Tarrant, was brief in her closing argument.

“Let’s be frank, members of the jury,” she said.

“I’m not going to stand here and ask you to acquit my client of all charges.

“A person died here, and some responsibility must be taken for this.

“I would like to ask you to hold Mr. Lane accountable for the correct tariff, which is manslaughter.”

There was evidence to place her client at the scene, including blood and DNA evidence on the Woodstock can, but he never denied being there.

Lane had been drinking all day that day with his Mongrel Mob associates and then decided to get into the car and drive to Maungatapu Road, not knowing what he was getting into.

“We don’t know why someone got into the car and followed her.

“This is the epitome of unplanned, impulsive, thoughtless and chaotic gang life.”

Lane was willing to accept some responsibility for Mitchell’s death, not for murder, but for manslaughter.

The defense’s closing will continue until Judge Andrew Becroft sums up and the jury is sent out to begin deliberations.

Belinda Fick is an Open Justice reporter based in Waikato. She worked at NZME for nine years and worked as a journalist for 20 years.