It is Kaitai\u2019s defence that she never intended to shoot or kill Kana \u2013 that she wanted him to \u201cget back\u201d but he didn\u2019t and her actions were in self-defence.<\/p>\n
A jury of six men and six women was selected on Monday to spend the next three weeks listening to evidence in the case.<\/p>\n
Prosecutor Laurie McMaster gave an opening address outlining the Crown\u2019s case on Monday and Kaitai\u2019s defence, led by Tiana Epati, KC, opened its case today. <\/p>\n
McMaster said it was an otherwise normal day in Tokoroa until the sound of a shotgun resonated through the South Waikato township.<\/p>\n
Kana was in the garage at the back of the Moa St house, described as a little \u201cdarts club\u201d. He was with two other men, Jerry Lee Lewis and Carlo Mihaere, who often slept in the garage.<\/p>\n
Mihaere was playing darts and Lewis was seated near a bar in the middle of the garage.<\/p>\n
Kaitai arrived, but no one knew she had a shotgun. She sat near a bar leaner and had an argument with Kana.<\/p>\n
McMaster said no one really knew what the argument was about.<\/p>\n
\u201cThis 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.\u201d<\/p>\n
She said Kaitai opened the shotgun, loaded it with ammunition and pointed it at Kana, who was unarmed.<\/p>\n
\u201cWhen she loaded that shotgun, she turned it into a lethal weapon.\u201d<\/p>\n
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\u2019s torso.<\/p>\n
\u201cAlmost instantly the shotgun was discharged into his torso and fatally wounded him.<\/p>\n
Justice Layne Harvey is presiding over the case at the High Court at Rotorua. Photo \/ Kelly Makiha<\/p>\n
\u201cAn 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 \u2018Oh Ava\u2019.\u201d<\/p>\n
Kaitai climbed over the back fence into another property on Kaka Cres and hid the shotgun in the gutter of a garage.<\/p>\n
Meanwhile, those at the Moa St house rushed to the garage and tried unsuccessfully to save Kana\u2019s life.<\/p>\n
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.<\/p>\n
Kaitai was arrested the following morning. When police asked her where the gun was, Kaitai said: \u201cI don\u2019t know what you\u2019re talking about\u201d.<\/p>\n
She would later tell police she was \u201csick of males attacking her, Mr Kana had attacked her and she had been punched in the face\u201d, McMaster told the jury.<\/p>\n
In the defence\u2019s opening address, Epati said Kaitai \u201cdid not want or intend to shoot\u201d Kana.<\/p>\n
\u201cAll she wanted was for him to leave her alone.\u201d<\/p>\n
Epati repeated the words to the jury that Kaitai said in the seconds before the gun went off: \u201cGet back, get away from me, get back\u201d.<\/p>\n
Epati said it was an unusual case because many of the facts were not disputed.<\/p>\n
She said Kaitai did go into the garage with a modified shotgun and ammunition. It\u2019s also not disputed they argued.<\/p>\n
\u201cShe told him to get away several times. He did not.\u201d<\/p>\n
Epati said Kana went to give Kaitai a \u201cjab\u201d 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.<\/p>\n
Kaitai pulled the gun up and away from him, with the gun pointing in the air.<\/p>\n
Epati said it was the defence case that there was a struggle and the shotgun was accidentally discharged.<\/p>\n
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.<\/p>\n
\u201cShe was trying to get him to leave her alone.\u201d<\/p>\n