Children played as duo dug grave, court told

A man accused of being an accessory after the fact to murder told police children walked and played around while Sandy Graham and he dug Dale Watene’s grave.

Sandy Maree Graham, 32, has pleaded not guilty to the murder of Dale Tama Watene, 40, at Otautau on April 16, 2020.

George Ivor Hyde, 24, has pleaded not guilty to being an accessory after the fact to the murder of Watene, at Otautau between April 16, 2020 and April 27, 2020.

The Crown contends Graham shot Watene and organised Hyde to hide the body and evidence. But Graham’s defence told the jury the focus would be on a brief moment during a domestic struggle, which was a tragic accident.

Watene was found in the Longwood Forest on May 18, 2020.

Crown evidence of a video interview of Hyde speaking to detectives in the company of his lawyer was played to the High Court at Invercargill yesterday. It was recorded in September 2020.

Hyde said Graham called him on the night of April 16. She was in tears and asked him to come over, but he could not remember what she said.

Hyde met Graham on her front lawn. ‘‘She told me she and Dale had got into a fight and he had killed himself,’’ Hyde said.

‘‘We go inside. He was lying in the hallway, blood coming out his head,’’ Hyde said.

They dragged Watene’s body to the lounge and kitchen area, Graham grabbed a tarp and they rolled him up in it. They put the body into Watene’s BMW, which was in Graham’s garage.

‘‘Sandy burnt his boots, hat and wallet,’’ Hyde said.

The next day Graham, Hyde and two children drove to the Longwoods and Hyde and Graham dug a hole, Hyde said.

Detective Kerry Russell asked Hyde what the kids were doing while the hole was being dug.

He replied that they were walking and playing around.

The group went back to Graham’s house, Graham and Hyde moved the body into Hyde’s vehicle and Hyde went back up to the forest and buried it.

In the interview the detectives asked Hyde why he did not think Graham shot Watene. Hyde said he did not think she could do it.

Detective Sergeant John Kean: ‘‘If Sandy said he’s killed himself and now you’re taking him . . .’’

Hyde: ‘‘I see where you’re coming from but I don’t think that came into my mind from that perspective. I always believed that she didn’t do it.’’

Graham’s lawyers had no questions for Russell.

Hyde’s lawyer, Fiona Guy Kidd, QC, cross-examined the detective about how he specifically read Hyde his rights during the video statement.

‘‘Do you agree you did not ask him if he understood them? [rights, as per New Zealand Bill of Rights Act 1990],’’ Guy Kidd said.

‘‘Not on that occasion,’’ Russell said. Guy Kidd: ‘‘The fact you were treating him as a witness meant you did not have to advise him of those rights?’’ Russell: ‘‘Yes’’.

The trial, before Justice Gerald Nation, is expected to take four weeks.