It is Kaitai’s defence that she never intended to shoot or kill Kana – that she wanted him to “get back” but he didn’t and her actions were in self-defence.
A jury of six men and six women was selected on Monday to spend the next three weeks listening to evidence in the case.
Prosecutor Laurie McMaster gave an opening address outlining the Crown’s case on Monday and Kaitai’s defence, led by Tiana Epati, KC, opened its case today.
McMaster said it was an otherwise normal day in Tokoroa until the sound of a shotgun resonated through the South Waikato township.
Kana was in the garage at the back of the Moa St house, described as a little “darts club”. He was with two other men, Jerry Lee Lewis and Carlo Mihaere, who often slept in the garage.
Mihaere was playing darts and Lewis was seated near a bar in the middle of the garage.
Kaitai arrived, but no one knew she had a shotgun. She sat near a bar leaner and had an argument with Kana.
McMaster said no one really knew what the argument was about.
“This was when Kaitai pulled out a modified shotgun from where she concealed it on the bar leaner and pointed it at Kana, who was standing in front of her.”
She said Kaitai opened the shotgun, loaded it with ammunition and pointed it at Kana, who was unarmed.
“When she loaded that shotgun, she turned it into a lethal weapon.”
McMaster said Kana tried to grab the shotgun but Kaitai lifted it up over her shoulder. She pulled it down again until it was level and the barrel was pointing at Kana’s torso.
“Almost instantly the shotgun was discharged into his torso and fatally wounded him.
Justice Layne Harvey is presiding over the case at the High Court at Rotorua. Photo / Kelly Makiha
“An echoing boom reverberated around the garage. Kelvin Kana dropped to his knees and then on to the floor. The last words Kelvin Kana said immediately after he had been shot were ‘Oh Ava’.”
Kaitai climbed over the back fence into another property on Kaka Cres and hid the shotgun in the gutter of a garage.
Meanwhile, those at the Moa St house rushed to the garage and tried unsuccessfully to save Kana’s life.
McMaster said the jury needed to be sure Kaitai knew pointing a loaded shotgun at Kana with her finger on the trigger could cause his death.
Kaitai was arrested the following morning. When police asked her where the gun was, Kaitai said: “I don’t know what you’re talking about”.
She would later tell police she was “sick of males attacking her, Mr Kana had attacked her and she had been punched in the face”, McMaster told the jury.
In the defence’s opening address, Epati said Kaitai “did not want or intend to shoot” Kana.
“All she wanted was for him to leave her alone.”
Epati repeated the words to the jury that Kaitai said in the seconds before the gun went off: “Get back, get away from me, get back”.
Epati said it was an unusual case because many of the facts were not disputed.
She said Kaitai did go into the garage with a modified shotgun and ammunition. It’s also not disputed they argued.
“She told him to get away several times. He did not.”
Epati said Kana went to give Kaitai a “jab” and Kaitai pleaded with him to get away. She loaded the shotgun and again told him to get away, but instead, he tried to grab the firearm, Epati said.
Kaitai pulled the gun up and away from him, with the gun pointing in the air.
Epati said it was the defence case that there was a struggle and the shotgun was accidentally discharged.
Epati said the Crown had to prove Kaitai committed an unlawful act and had murderous intent, and that she was not acting in self-defence.
“She was trying to get him to leave her alone.”
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and socialMoe issues.