Kahui denies breaching bail
Double murder accused Chris Kahui has avoided going back to prison to wait for his trial after he was accused of breaching bail conditions imposed less than 36 hours earlier.
Kahui, who is facing charges he murdered his twin three-month old sons Chris and Cru last year, was arrested last night on charges of breaching two bail conditions by drinking and associating with young children without supervision.
However, a judge refused to remand him in custody today when his lawyer Lorraine Smith said he denied breaching his bail conditions.
She told Judge Roy Wade in Manukau District Court that Kahui did everything he could to avoid breaching his bail but admitted taking a swig of beer.
Judge Wade said because the police and Kahui had different views, he would stay on bail until a disputed facts hearing when evidence would be called to establish what had happened.
Kahui had been remanded on bail on Wednesday at a depositions hearing after Judge Wade found a prima facie case had been established and ordered him to stand trial in the High Court for murder.
The two bail conditions he was charged with breaching were that he did not drink alcohol and did not associate with children under 12 without the supervision of his pastor.
Crown prosecutor Simon Mount told the court today Kahui was arrested at an Auckland address where he had consumed beer and where there were two young children.
When a member of the household came home he demanded to know why Kahui was there when the children were there, and a domestic row had broken out between two people in the house. A man had since been arrested and charged with assault.
Ms Smith told the court Kahui denied the breach and said he had gone outside when a young child had come into the room so he would not breach his bail conditions.
Mr Mount said the Crown opposed bail because Kahui had already breached his bail conditions twice before he was arrested.
The first time he failed to report on Queen's Birthday Monday because he thought it was a public holiday and did not have to, and the second time he was asleep when police called and did not hear them knocking.
He said Kahui was on a final warning after his first two breaches of bail.
Outside the court after the hearing today, Lorraine Smith said Kahui was "very, very, very upset -- very upset." She said he had taken a swig of someone else's beer because he had been under huge stress from the charges and the murder depositions.
She said the next hearing to decide if he had breached his bail would be a fortnight away.
"There are statements to be taken, it has got to be done properly," she said.
MOTHER COULDNT GIVE A SHIT
Wednesday August 22, 12:31 PM
Mother didn't 'give a shit' about twins - witness
Hours after being told her critically injured twins Chris and Cru Kahui may need more surgery, their mother told a hospital nurse she didn't "give a shit" and was going home, after being offered a bed to stay the night, Manukau District Court was told today.
The evidence was presented in a statement from a Child Youth and Family (CYF) caregiver.
In a rare move defence lawyers for the twins' father Chris Kahui sought to have the evidence included at his depositions hearing to decide whether he should stand trial for their murder.The prosecution say the three-month-old twins were killed either by a blow to their heads or by having their heads bashed against a solid object.
Their father was charged with their murder four months after they died.
CYF worker Kaufoou Fifita was expected to give the evidence herself today. But the court was told she was too sick to attend and an affidavit from her was produced instead.
Ms Fifita said she was at Auckland's Starship Hospital along with twins' mother Macsyna King and a nurse on the evening of June 13 last year acting as a watcher for CYF.
Ms King was told how ill her children were and was offered a bed at Ronald McDonald House to be near them.
Ms Fifita said she was near the door of the hospital room when she heard the nurse say to the mother more surgery may be needed "and we need you here and will find you a bed".
In the affidavit Ms Fifita said she heard the mother reply "I don't give a shit. I'm going. I need my sleep".
Chris and Cru Kahui were admitted to Middlemore Hospital on June 13 last year and died in Starship Children's Hospital five days later.
Chris Kahui told police his one-year-old son was responsible for causing the injuries to his three-month-old twins, a court has been told. (MORE LIES)
The injuries were equivalent to that of a high velocity car crash, the court heard.
Crown prosecutor Simon Moore made the comments in his opening statement at the depositions hearing in Manukau District Court to decide whether Kahui, 22, will stand trial for the murder of his twin sons.
The hearing began after Judge Roy Wade gave a strict warning to media on their responsibility to ensure fair and accurate reporting of the hearing.
The warning came after a Sunday newspaper printed an article on Chris Kahui yesterday, which had "untested and speculative" information.
Judge Wade said the court had strong powers to deal with media who were in contempt of court.
Defence co-counsel Michele Wilkinson-Smith asked that in the wake of prejudicial media reporting, all evidence from the hearing be suppressed.
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Wednesday August 22, 06:27 AM
CYFS worker to give evidence at Kahui hearing
A Child Youth and Family worker will today give previously suppressed evidence at the Chris Kahui depositions hearing after crown prosecutors failed to have the woman's evidence ruled inadmissable.
The woman is expected to give her evidence today at Manukau District Court after defence lawyers fought to have the evidence admitted.
Last week the evidence was suppressed but today Judge Roy Wade said it was "highly relevant", despite arguments from crown prosecutor Richard Marchant against it being admitted.
It is understood the CYFs worker will give evidence surrounding a conversation she witnessed between a Starship Hospital nurse and Macsyna King, mother of Chris and Cru Kahui, on the evening the twins were admitted to hospital.
The evidence came as the depositions hearing into whether Kahui will be committed for trial over the deaths of his sons, draws to a close.
Chris and Cru Kahui were admitted to Middlemore Hospital on June 13 and died in Starship Children's Hospital five days later, last year.
The twins were killed either by a blow to their heads or by having their heads bashed against a solid object.
Their father was charged with their murder four months after they died.
Scans taken when they were first admitted to hospital showed both suffered from extensive brain injuries and Chris also had a broken leg.
Both babies suffered from subdureal bleeding and broken ribs.The Crown's case is that the babies received their injuries while in the care of their father on the evening of Monday, June 12, 2006, when Ms King was out visiting her sister.
Yesterday the court was shown three police interviews with Kahui.
In the third interview on October 3 last year Kahui told police he learnt his partner Macsyna King was having affairs with other men only after the death of their twins but refused to give a DNA sample to prove if he was their father.
In the interviews Kahui said he believed Ms King hurt their sons.
Police said Kahui refused to give a voluntary DNA sample because he did not care if the twins were not his biological children.
It was also revealed Kahui's father Banjo Kahui has a conviction for assault against a child.
Banjo Kahui and Stuart King, who has also has conviction for assaulting a child, were both in the house at the time police believe the twins received their injuries.
Defence lawyer Michele Wilkinson-Smith challenged Detective Sergeant Chris Barry of the Manukau CIB, who was second in charge of the investigation last year, about police using the media to place pressure on the family.Mr Barry denied he had any dealings with the media at all, saying he had not used the media to put pressure on the Kahui family to talk to police or to paint them as uncooperative.
Mr Barry acknowledged Kahui's father Banjo had a conviction for assaulting a child but that it was "some time ago".
Mrs Wilkinson-Smith said Mr Kahui and Mr King, who both had convictions for assaulting children, were in the house during the relevant time police thought the twins were injured.
Mr Barry said he would not go that far but agreed that at the time Cru suffered breathing injuries both Mr Kahui and Mr King were at the address.
Mr Barry said he had asked Chris Kahui for a voluntary DNA sample to determine paternity but Kahui refused saying "even if the boys are not my boys, I do not care".
In the third police interview -- after which he was arrested and charged with murder -- Kahui acknowledged Macsyna King had affairs with other men but said he had found out from his sister Mona after the twins died.
Kahui said he confronted Ms King about the affairs but she denied them.
When asked how he felt about it Kahui said he "didn't care".
Kahui said Ms King often "whacked" him, which he thought was "out of frustration" but that he "didn't care".
Ms King was a good mother but tried to control him, he said.
When asked if he thought Ms King could have hurt their sons, Kahui said he thought she could have hurt them before she went out on the Monday afternoon.
Kahui said he did not believe his father, his sister's partner Stuart King or his sister could have hurt the twins.
