{"id":565102,"date":"2026-08-10T22:36:10","date_gmt":"2026-08-10T22:36:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/565102\/"},"modified":"2026-08-10T22:36:10","modified_gmt":"2026-08-10T22:36:10","slug":"waiuku-murder-trial-witness-says-defendant-was-jovial-after-killing-judith-cunniffe-in-rural-south-auckland","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/565102\/","title":{"rendered":"Waiuku murder trial: Witness says defendant was jovial after killing Judith Cunniffe in rural South Auckland"},"content":{"rendered":"<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cHe wasn\u2019t too deterred about anything,\u201d he said. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">The defendant, who has name suppression, has acknowledged through his lawyers that he beat Judith Rose Cunniffe, 53, to death on the evening of April 10 last year outside the rural South Auckland boarding house where she lived. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">But they say the 51-year-old had no murderous intent and should instead be found guilty of manslaughter. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">The witness, who wore a long black Western-style duster coat and styled the back end of his grey mullet into a bun as he sat in the witness box, said he \u201chad a little puff\u201d of methamphetamine with the defendant and others in the home not long after the \u201csorted out\u201d comment. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">Moutray said he asked about the whereabouts of some methylated spirits that had been in another bedroom and the defendant explained he had used the cleaning solution to wipe blood off a car. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cI didn\u2019t really think that much of it either,\u201d Moutray said.<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">About an hour or so later he finally realised it had been no joke when the defendant showed him Cunniffe\u2019s body stuffed into her own car, he told jurors. The revelation came about, he said, when he asked the defendant how Cunniffe was getting along with a possum trap she had put in a nearby tree. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cOh, I\u2019m not sure but I\u2019ve got a big possum in the back of that car,\u201d he recounted the defendant saying before he opened the back door to Cunniffe\u2019s car and her limp hand spilt out. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">The victim had been stuffed upside down in the back, with her head in the footwell behind the driver\u2019s seat, Moutray recalled. She was still wearing the colourful gloves she always put on to feed her chickens, he said. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">Prosecutors <a href=\"https:\/\/www.nzherald.co.nz\/nz\/crime\/waiuku-murder-trial-man-denies-murdering-judith-cunniffe-in-rural-south-auckland\/V6OLQBR2BRGZXPNPAQ3XCKKXWE\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.nzherald.co.nz\/nz\/crime\/waiuku-murder-trial-man-denies-murdering-judith-cunniffe-in-rural-south-auckland\/V6OLQBR2BRGZXPNPAQ3XCKKXWE\/\">said at the outset of the trial<\/a> that Cunniffe and the defendant had clashed repeatedly over his dog chasing her chickens, to the point that the defendant had been trespassed.  <\/p>\n<p><img  alt=\"Crown prosecutor Chris Howard. Photo \/ Michael Craig\" class=\"article-media__image responsively-lazy\" data-test-ui=\"article-media__image\"\/>Crown prosecutor Chris Howard. Photo \/ Michael Craig<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">Cunniffe was described by prosecutors as an animal lover whose interest in chickens had crossed the line to hoarding as her methamphetamine usage increased. She would often sleep in her car at the property while chickens stayed in her room, jurors were told. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cIf you knew Judy Rose, you don\u2019t get near her ducks or her chickens and cause any harm to them; otherwise, you\u2019re in the s***,\u201d said Moutray, who figured he knew both Cunniffe and the defendant for \u201c30-odd years\u201d.<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">He had arrived at the property at around lunchtime that day and had used a connection to get the defendant a half gram of methamphetamine for $150, he recalled. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">Shortly after the drug was delivered, Cunniffe came into the room and pushed another woman who lived there off of her chair, the witness said, explaining that Cunniffe was livid because she thought the other woman had put her chooks in cages then neglected to feed them. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cCalm down, Judy Rose, and have a puff,\u201d  Moutray recalled telling her. <\/p>\n<p><img  alt=\"A man with name suppression appears in the High Court at Auckland after Judith Cunniffe was found dead inside a vehicle in Waiuku in April 2025. Photo \/ Michael Craig\" class=\"article-media__image responsively-lazy\" data-test-ui=\"article-media__image\"\/>A man with name suppression appears in the High Court at Auckland after Judith Cunniffe was found dead inside a vehicle in Waiuku in April 2025. Photo \/ Michael Craig<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">Cunniffe initially declined but then took the pipe and smoked all of the remnants, he said. Then she took what was left in the bag after finding out the defendant had paid for it, he said. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cHe\u2019s ripped me off enough &#8211; I\u2019m taking that bag,\u201d he recalled her saying as she left. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">After realising the defendant was at the house, Cunniffe said she was going to ring the police and get his dog destroyed, the witness said. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">Police did show up at the house later looking for the defendant, but he hid under a bed with his dog and police never found them, Moutray said. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">He recalled leaving the house at about 6.30pm to do chores in Pukekohe, including picking up a methadone prescription for the other female resident. He saw Cunniffe sitting in her car as he left, he said. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cI know he\u2019s in there, Davey,\u201d he recalled her telling him. \u201cWhen he comes out I\u2019m going to take a photo and send it straight to police. I\u2019ll see you when you get back.<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cShe seemed quite happy, knowing that he was there and she was going to snap him.\u201d<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">He returned to the home about five hours later and smoked more meth before going inside, at which point he said the defendant first mentioned the killing then showed him the body. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cSomething to do with her head didn\u2019t look right,\u201d he said. \u201cTo me, it looked like a soccer ball that was flat and pushed in. I didn\u2019t look too much harder.\u201d <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">After that point, he said, \u201cthings turned a little surreal\u201d and \u201cgot a little bit fragmented\u201d as he spent the rest of the night with the defendant and others until sunrise, continuing to use drugs. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cI thought, \u2018Oh, he might have a gun or something like that,\u2019\u201d he said of not calling 111. \u201cI just wanted to make sure he was gone and everyone was safe.\u201d<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">Defence lawyer Sacha Norrie pointed to numerous inconsistencies between Moutray\u2019s testimony and the three statements he gave police in the weeks following Cunniffe\u2019s death. His testimony also differed at points with two other witnesses who were there that night. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cI didn\u2019t see any obvious injuries and I didn\u2019t see any blood,\u201d he initially told police of Cunniffe\u2019s body, mentioning nothing about a football.<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">Norrie suggested her client was \u201cquiet and subdued\u201d that night. She cited one of Moutray\u2019s own police statements.<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">She also suggested that the witness was lying about hearing the defendant say he \u201csorted that c*** out\u201d or making a joke about a possum in the back of the car. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cYou have a good reason to exaggerate or put the boot in &#8211; to cover your own backside,\u201d Norrie told the witness, suggesting that he was the one repeatedly suggesting ways to dispose of the body while her client remained quiet that night. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cThat\u2019s hideous,\u201d he replied. \u201cI don\u2019t agree at all.\u201d<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">Norrie called him the \u201cideas man\u201d after discovering the body. He had his own violent history with Cunniffe, she suggested, and didn\u2019t want the body found because it could lead police to suspect him. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cYou invented or amped up the things [the defendant] had said,\u201d she suggested. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">Annoyed, the witness said he wasn\u2019t going to justify the question with an answer. Justice Simon Mount said he had to. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cBull****,\u201d the witness muttered eventually in response to the question. \u201cWhat was there to amp up?\u201d<\/p>\n<p><img  alt=\"Justice Simon Mount. Photo \/ Dean Purcell\" class=\"article-media__image responsively-lazy\" data-test-ui=\"article-media__image\"\/>Justice Simon Mount. Photo \/ Dean Purcell<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">Moutray\u2019s testimony lasted all but the last 30 minutes of the day. Prosecutors  then called witness Miriam Snook, who met Moutray the day after Cunniffe\u2019s death. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">\u201cHe was distraught,\u201d she said of Moutray. \u201cHe was just crying a lot &#8211; freaking out.\u201d<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">She recalled Moutray saying the victim\u2019s \u201cface was caved in\u201d and how the defendant seemed \u201cproud of it\u201d. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">That same day she tried to reach her nephew, who is a police officer, she said. She went to police in person later that day, encouraging Moutray to go with her but he never showed, she said. <\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\">The trial continues today.<\/p>\n<p class=\"BXSdIJQrZoWgYbVqzX\" style=\"display:none\"><a href=\"https:\/\/www.nzherald.co.nz\/author\/craig-kapitan\/\" rel=\"nofollow noopener\" target=\"_blank\">Craig Kapitan<\/a> is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.<\/p>\n","protected":false},"excerpt":{"rendered":"\u201cHe wasn\u2019t too deterred about anything,\u201d he said. The defendant, who has name suppression, has acknowledged through his&hellip;\n","protected":false},"author":2,"featured_media":565103,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[74,51,9539,278130,15036,8912,78,278129,42445,11156,4275,111,43,139,69,3175,312,1240,54,101129,1455,6736,3603],"class_list":["post-565102","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-zealand","tag-after","tag-auckland","tag-content","tag-cunniffe","tag-defendant","tag-distressing","tag-in","tag-jovial","tag-judith","tag-killing","tag-murder","tag-new-zealand","tag-news","tag-newzealand","tag-nz","tag-rural","tag-says","tag-south","tag-trial","tag-waiuku","tag-warning","tag-was","tag-witness"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/565102","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=565102"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/565102\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/565103"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=565102"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=565102"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=565102"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}