Gun test, blood evidence | Otago Daily Times Online News

A person could fire a bullet from a rifle similar to the one that killed Dale Watene without a magazine inserted and without knowing it was loaded, jurors heard during a murder trial yesterday.

When he presented evidence for the Crown yesterday, police armorer Daniel Millar said he was given a Ruger 10/22 long rifle by scientists to test the trigger pressure, verify it had been zeroed, determine the make and model and if it had been adjusted.

It is the firearm that police say was used to kill Dale Watene in Otautau on April 16.

Sandy Maree Graham (32) is charged with murder of Mr Watene and George Ivor Hyde (24) is charged with complicity in murder in Otautau between 16 and 27 April 2020.

Mr Watene’s body was found buried in a shallow grave in the Longwood Forest near Otautau on May 18, 2020.

Evidence given last week said Mr Watene died of a gunshot to the mouth lodged in the top of his spinal cord.

At the beginning of the trial, Graham’s lawyer admitted that Mr Watene had been shot, but…
that it was an accident, not on purpose or with murderous intent.

The jury trial for Justice Nation in the High Court in Invercargill entered its third week yesterday.

Mr Millar said testing of the firearm showed it was in good condition but fired slightly high.

It was 934 mm long and the trigger pressure was 2,577 kg.

Cross-examined by Graham’s attorney, Philip Shamy, Mr Millar explained that if a bullet were in the breach block and someone pulled the lever/lever first, the bullet would eject without firing.

If the bullet was in the breach block and someone pulled the trigger, the bullet would be fired.

Mr Millar said yes when asked if Mr Shamy was therefore important that firearms were checked before being fired and before being put away.

Crown witness Institute of Environmental Science and Research forensic scientist Gary Gillespie gave evidence about the scenes he investigated as part of the police investigation between May 6 and 8.

Luminol testing revealed a blood concentration in the hallway of Graham’s address between a child’s toy box and the child’s sofa seat.

Wider white lines revealed in luminol tests in the living room and hallway showed areas that could indicate areas that had been cleaned, he said.

Cross-examined by Graham’s attorney Sarah Saunderson-Warner, Mr Gillespie was asked if there was sufficient physical evidence to show where Mr Watene was shot or how he was shot.

Gillespie said there wasn’t enough evidence or data to show where he was shot, but he couldn’t say if there was enough to show how.

DNA samples were taken from blood-stained areas and only one showed Mr Watene’s DNA.

Intercepted phone calls and surveillance conversations were played in the garage and living room of Graham’s home and the motel where she was staying as police searched her home in early May 2020.

In a conversation on May 21, her former partner, Joshua Kingipotiki, calls her to tell her that the police have found Dale Watene’s body.

“Damn, how did he die?” she asks him.

In another conversation, a woman asks her if Mr. Watene died at her home.

Graham answers no.

Later, Graham tells her that she is not a murderer.

The process continues today.

[email protected], PIJF court reporter