Swedish backpacker case: Flaws don't mean Tamihere conviction unfair
Photo:
RNZ / Samuel Rillstone
A Crown lawyer says
the irregularities in the trial of convicted double murder David Tamihere
do not mean it was unfair.
The last day of Tamihere's Supreme Court appeal is underway in the High Court at Auckland on Wednesday morning.
His lawyers are appealing an earlier Court of Appeal ruling that found a miscarriage of justice but upheld his convictions for murdering Swedish tourists Urban Höglin and Heidi Paakkonen.
The couple disappeared while tramping in dense bush in the Coromandel Peninsula in 1989.
The Crown resumed its submissions today, with lawyer Rebecca Thomson building up their argument Tamihere must have committed the murders.
Chief Justice Dame Helen Winkelman sits alongside other Chief Justices.
Photo:
POOL/Stuff
She took the five-judge panel through irregularities of Tamihere's original trial.
"There were some," Thomson said.
"But none of them reach the standard of it being an unfair trial."
Thomson said it was a series of very lucky breaks that led to Tamihere's capture by police.
Supreme Court judge Sir Stephen Kós questioned the way the Crown characterised Tamihere's actions, including if he stole the couple's car, something he had previously admitted.
"It's idiocy on either account isn't it?" he said.
"Either he's an idiotic murderer who drives around in the victims' car, when the victims, or at least one of them, hasn't been adequately concealed, so that's pretty stupid.
"Or he's an idiotic car thief, as opposed to an idiotic murderer, who drives the car around the very area the people are likely to emerge from the bush and make a complaint."
Swedish tourists Urban Höglin and Heidi Paakkonen were killed in the Coromandel in 1989.
Photo:
Supplied
Tamihere served more than 20 years of a life sentence in prison before being released on parole in 2010.
He denies even meeting the couple, and questions have lingered regarding his convictions.
In 2020 the then Governor General granted Tamihere a rare Royal Prerogative of Mercy, on advice from former Justice Minister Andrew Little.
The case was referred to the Court of Appeal to rule on whether there might have been a miscarriage of justice.
It found, in July last year, there was - but
upheld Tamihere's murder convictions
because there was evidence beyond reasonable doubt he murdered the tourists.
This is what the Supreme Court has been hearing submissions on for the past two days.
More to come
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