Meth thieves guilty of manslaughter
Two men have been cleared of murdering a man in a ‘‘gruesome’’ home invasion.
Shannon Shelby Baker’s body was found at his Sandringham apartment in Auckland in the early hours of December 11, 2018.
The 55-year-old had been beaten, ‘‘hog-tied’’ and left face down to die on his bed.
Don Ekeroma and Benny Fatu have been on trial in the High Court at Auckland, where they denied charges of murder.
The jury delivered a unanimous verdict of manslaughter yesterday after nearly 10 hours of deliberation.
There was no dispute the men invaded Baker’s home on the day in question, intending to steal methamphetamine and money, the court heard.
The Crown claimed the pair attacked, tortured and left Baker with ‘‘no chance of survival’’ due to their deliberate actions.
But the defence argued Baker’s death was the result of a robbery gone wrong.
The Crown charged Fatu and Ekeroma as joint parties, meaning if one was convicted of murder and the other knew the consequences of that person’s actions, the other was also guilty.
Justice Pheroze Jagose remanded Ekeroma and Fatu in custody until sentencing on May 1, 2020.
During the trial, the court heard that Ekeroma’s DNA was found on a cable tie used to immobilise Baker. Both men’s fingerprints were found in his house.
Baker’s eyes were swollen shut, his left eye was damaged so badly he would have lost his sight if he survived, and his nose was broken.
Crown prosecutor Brett Tantrum said none of Baker’s serious injuries were accidental.
‘‘The defendants blocked his airways to prevent him from breathing and tied him up in a way he couldn’t move,’’ he said.
Fatu’s lawyer, Graeme Newell, argued there was no evidence of intentional homicide. His client maintained he did not know Baker, did not tie him up and did not intend for him to be killed.
Ekeroma’s lawyer, Lester Cordwell, said that while Ekeroma intended for Baker to suffer some harm, that fell short of the serious harm needed to prove the charge of murder. He said Ekeroma’s actions amounted to manslaughter, but not murder.
The pair were remanded in custody and will be sentenced at a later date.