Jury refutes self-defence claim over stabbing death
Three men meet on a Hutt Valley street on a Friday night. One dies, one runs and one is left without his best mate.
A High Court jury watched the grainy CCTV footage of the incident several times, trying to see what happened on September 14 last year.
The man by himself is Warren Pay.
He has a homemade gun, a butcher’s knife and is wearing a butcher’s metal apron. He believes others are out to get him and he is not safe.
Meanwhile, walking to a liquor store Faapaia Fonoilaepa is chatting and laughing with his friend.
They had already had a bit to drink and were going for more. They were not armed and wore no gang clothing. But Pay, a Mongrel Mob member, believed they were King Cobras and in an attack that lasted just over two minutes, he had pulled out the gun but it failed to fire, punches were thrown and kicks delivered then Pay pulls out the knife.
Fonoilaepa is stabbed through the heart and Pay leaves. He glances back several times as he walks off but Fonoilaepa never gets up. Pay is later taken to Napier where he is arrested. Yesterday, a jury in the High Court at Wellington found him guilty of murder, having an imitation firearm, and a knife. He had pleaded guilty of having shotgun cartridges. He is to be sentenced in February.
Pay had claimed self-defence. He said he was scared for his life so he had acted.
Justice Helen Cull told the jury they had to decide what Pay believed the circumstances to be and if the force he used was reasonable.
She asked them to consider if Pay had an option to walk away.