Miramar Man Found Guilty Of Murder (Press, 14 June 1986)

On 14 June 1986, Hiki Tangi Tumuana Brown, a 29-year-old glazier from Miramar, was found guilty of murdering Noel Stanley Robertson by a jury in the High Court at Wellington. The incident occurred on 5 November 1985. Chief Justice Sir Ronald Davison sentenced Brown to life imprisonment after the jury deliberated for 314 hours. In his summation, Sir Ronald explained the Crown's case, asserting that the evidence demonstrated beyond reasonable doubt that Brown had the intent to kill Robertson or to inflict bodily injury that was likely to result in death, while also being reckless about the possibility of death occurring. The Crown maintained that Brown's actions constituted murder. Conversely, the defence argued that the prosecution had failed to establish either of the two required intentions for a murder conviction. Defence counsel, Mr Bruce Buckton, contended that Brown should be found guilty of manslaughter instead. In their argument, the defence acknowledged the possibility that Robertson had made homosexual advances towards Brown. However, it emphasised that regardless of the circumstances, Brown had the choice not to engage or to leave the hotel premises and go to the wharf with Robertson. Additionally, Mr Buckton claimed that Brown's intent was merely to inflict a beating on Robertson, and highlighted that the pathologist had concurred that asphyxia could occur quickly. This line of reasoning was presented as part of the defence strategy to mitigate the severity of Brown's actions and to argue against the prosecution’s murder charge.

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