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A woman on trial for murdering her sister’s partner became the target of her ire, her lawyer says.
Freeda Ellen Witehira denies murdering Colin Adrian Anderson on August 24 last year in Ōtāhuhu, south of Auckland.
Crown prosecutor Mark Williams opened the case to the jury on Monday in Auckland High Court, saying that it was they who decided whether Witehira had murderous intent that night.
Quentin Duff, acting on Witehira’s behalf, said his client admitted to causing the fatal stab wound, but that he acted in self-defense and never intended to cause death.
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Lawrence Smith / Stuff
Police were called to the Sturges Ave property in August 2019.
On Monday, Williams said that on the night of Aug. 24, 2019, a knife was thrust into Anderson’s chest, sliced off a rib and pierced through his heart.
Anderson was dead when paramedics arrived at the scene.
“In simple terms, she killed him. The problem for you will be whether she killed him or acted in self-defense, ”Williams said.
On Monday afternoon, Witehira’s sister and Anderson’s partner, Kuini, told the jury about the events of August 24.
On the afternoon of August 24, Kuini and Anderson were drinking at the Milestone Pub, where Witehira and her son were later joined.
They returned to the property on Sturges Ave, where Mini, the sisters’ mother, listened to music and continued drinking.
Kuini told the court that it was not long after his return that Witehira and Anderson began to argue.
“They were just fighting.”
Kuini tried to calm the couple and put Anderson to bed, but the screaming continued through the closed door, he said.
Police and coroners attended the Sturges Ave property in August of last year.
Soon after, Witehira “charged” through the door and “hit” Anderson, who was now in bed.
Kuini stepped between the pair but Anderson pushed her away.
“I was thrown out the closet door and by then Freeda was in the corner by the TV and Colin was hitting her,” Kuini said.
The defendant was crouched on the ground when her sister tried to pull her partner away from him by trying to get between the couple to stop them, the court heard.
The Witehira sisters’ mother, Mini, entered the bedroom and tried to attack Anderson, Kuini said.
At this point, Kuini said he started crying, grabbed his two nephews and left the property.
‘TARGET OF YOUR ANGER’
Under Duff’s questioning, Kuini said there had been some tension between her and Anderson due to financial pressure after she was in a motorcycle accident.
Kuini said that about a week before the incident, Anderson was “very grumpy” in Witehira.
“If Freeda had known, she wouldn’t have turned up that day,” Duff said.
Duff suggested to Kuini that Anderson had gotten involved in low-level cannabis trafficking to help make ends meet.
However, a week earlier, Anderson’s brother was beaten and robbed outside of Witehira’s home.
Kevin Stent / Stuff
Defense attorney Quentin Duff said his client became the target of the deceased’s ire. (First published 2016)
Kuini said he did not know the details, but Anderson was upset that his brother was injured.
“That night Colin made Freeda the target of his anger,” Duff suggested to Kuini.
Kuini said she did not see her sister hit her head and did not defend herself when Anderson hit her.
The sister said she heard crying when she left the property with the children.
After this, the Crown says things escalated and Witehira stabbed Anderson.
WITHOUT INTENTION TO KILL
In Duff’s brief opening statement to the jury, she said that Witehira was forced to take up a stirrup to defend herself and her mother from a “terrifying attack.”
The night of the incident, at one point, Witehira was knocked unconscious, Duff said.
“Since she was left alone at 8:45 pm, Freeda was forced to take steps to defend herself and her mother from a terrible attack by Colin,” Duff said.
Mini was punched and Anderson strangled her, Duff said.
It was at this point that Witehira, in an effort to stop the attack on her mother, struck Anderson with a crutch on the leg.
He then walked over to the table and grabbed a knife from the dining room table, Duff said.
There was no intention of killing Anderson that night, just to prevent him from attacking her and her mother, Duff said.
The trial continues.
