Otautau man ‘intentionally shot killed’, Crown says

The Crown prosecutor in a murder trial at Invercargill says the evidence is clear – there was no struggle for a rifle when an Otautau man was shot in the head and killed.

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, 25, has pleaded not guilty to being an accessory after the fact to Watene’s murder, between April 16, 2020 and April 27, 2020.

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

In her closing address yesterday, Crown prosecutor Mary-Jane Thomas said: ‘‘The evidence is clear – there was no struggle going on for the rifle when this man was shot and killed.

‘‘If there’s no struggle going on then the only narrative is that Sandy Graham shot Dale Watene, and it’s still at close range, in the head.’’

Graham elected to give evidence and last week told the jury she did not think the rifle was loaded, the gun fired while she and Watene wrestled for it, and that she did not know if she pulled the trigger or not.

Graham also said she was concerned about losing her children for having an unlicensed firearm.

Yesterday, Thomas said Graham feared losing her children because she

‘‘If there’s no struggle going on then the only narrative is that Sandy Graham shot Dale Watene, and it’s still at close range, in the head.’’ Crown prosecutor Mary-Jane Thomas

had intentionally shot and killed a man.

The Crown ‘‘were not suggesting for a second there were not circumstances where Watene acted appallingly in that house’’, Thomas said.

‘‘But Sandy Graham gave as good as she got.’’

Evidence presented by Graham’s lawyers showed Watene had convictions for threatening behaviour, against a former partner, and offensive weapons.

Thomas said there was no evidence Watene hit women, other that what Graham told the jury had happened the night he died.

Thomas said the Crown’s case did not rely on Graham’s lies to police, friends and Watene’s family, but instead upon

science. A firearms expert said Watene’s face could not have been closer than 80cm from the rifle muzzle when it fired.

Thomas suggested Graham downplayed her knowledge of firearms.

In his closing address, Graham’s lawyer Philip Shamy said one of the most difficult things for a jury to recreate was an atmosphere of domestic violence.

‘‘But it’s a trap. Domestic violence is not a calm and considered situation. Bear that in mind when you consider this case.’’

Shamy was ‘‘not here to blacken’’ Watene’s character, but past convictions for domestic incidents were relevant.

‘‘He was a jealous man.’’ Shamy reminded the jury that Graham did not have to prove anything, and that it was difficult giving evidence ‘‘especially when you’re on the menu’’.

The Crown did not have to prove motive, but Shamy asked ‘‘why on this night would she do that?’’

‘‘The only thing we really know is that unfortunately Mr Watene is dead, shot by that firearm.’’

Shamy highlighted that the pathologist could not say how a tear on Watene’s tongue had occurred, nor what angle the gun was at.

Speaking about distance the muzzle was from Watene’s face, Shamy said the expert’s evidence ‘‘went from one metre to 80cm, so what’s that one-fifth of his measurement?’’

‘‘And that’s how difficult this area is.’’

Shamy called into question the reliability of witness testimony which the Crown said showed the gun was loaded at the time. ‘‘There’s evidence that she never fired that .22. So how is she supposed to know all these things about how to operate it, load it, unload it, fire it,’’ Shamy said.

The trial started in the High Court at Invercargill on June 13.

Justice Gerald Nation is expected to sum up the case today after Hyde’s lawyer gives her closing address.