Operation Totara: “Something from CSI,” says the defense attorney, the accused mixed-race murderer was not at the alleged crime scene

“The Crown case against Mr Bennett is like something extraordinary CSI:Miami. The Crown case is really like that, a fictional show.”

He urged the jury not to fall into the trap of thinking his client was somehow guilty just because the Crown had released a series of figures relating to DNA.

“When you think about DNA, you think that’s the answer. The real danger in this process is that you give the CSI DNA more credit than you should.

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

He said the Crown wanted to convict Bennett not only on inference to secure a conviction on the most serious charge, but also on “an inference from an inference from a presumption upon an inference.”

He urged the jury not to rely on the attorneys’ statements, but rather on the evidence presented.

All evidence of Bennett’s movements was that he arrived at the GC Bar at 2.15pm and left at 8.06pm, and then a drop of his blood was found at the Te Kani whānau property.

“Why didn’t the Crown summarize it like that because that’s what you heard… Mr. Bennett is not being identified by (police) despite watching a 14-second video for six months.

“Like most of the other people in the GC bar, he left in a vehicle that does not appear anywhere in this trial, with a man who does not appear in this trial.”

Witnesses had also spoken of a “sea of ​​red” at the Maungatapu Road property, but Bennett wore a white T-shirt with his black vest at the GC Bar.

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

“That’s the CSI effect. There is no DNA presence.”

Dutch said there was also no evidence that Mitchell was killed with a crowbar, although the Crown opened the trial with that submission.

Mitchell’s brother, Thomas Te Kani, who was at his side, never saw it, while forensic pathologist Dr. Simon Stables testified that the crowbar was not his weapon of choice in determining which weapon likely struck Mitchell in the side of the head.

“Your own experts are against it…the answer will tell you a lot about what’s really going on here in this process…they’re asking you to draw one conclusion at a time.”

“The epitome of a thoughtless, chaotic gang life”

Jahvaun Layne’s attorney, Jessica Tarrant, kept her closing statement short and sweet.

“Let’s face it, here are the jury members,” she said.

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

“A man died here and some responsibility must be taken for that.

“I would like to ask you to hold Mr. Layne accountable for the right tariff and that is manslaughter.”

There was evidence suggesting her client was at the crime scene, including blood and DNA traces on a Woodstock can, but he had never denied being there.

Layne had been drinking all day that day along with his Mongrel Mob colleagues and then he decided to get in a car and drive to Maungatapu Road, not knowing what he was getting into.

“What we don’t know is why someone got into the vehicle and followed him.

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

Layne was willing to accept some of the responsibility for Mitchell’s death, not for his murder, but for his manslaughter.

Defense sessions continue before Judge Andrew Becroft delivers his summary and the jury begins deliberations.

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