Otautau man ‘deliberately shot and killed,’ says Crown

The Crown Prosecutor in a murder case in Invercargill says the evidence is clear: There was no gun battle when a man from Otautau was shot in the head and killed.

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

George Ivor Hyde, 25, has pleaded not guilty to complicity in the murder of Watene, 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 on Monday, Crown Prosecutor Mary-Jane Thomas said: “The evidence is clear – there was no battle over the gun when this man was shot and killed.

READ MORE:
* Woman charged with murder says man’s family ‘deserves to know the truth’
* Murder suspect says she doesn’t know if she pulled the trigger or not
* Crown firearms expert: Dale Watene shot no closer than 80cm
* Murder suspect suspected her phone had been tapped
*Not enough physical evidence in the house to say where the man was allegedly shot
*Children ‘played’ while Dale Watene’s grave was being dug, court told

“If there’s no battle going on, the only story Sandy Graham shot is Dale Watene, and it’s still up close, in the head.”

Graham chose to testify, telling the jury last week that she didn’t think the gun was loaded, that the gun fired as she and Watene struggled for it, and that she didn’t know whether she pulled the trigger or not.

Graham also said she was concerned about losing her children because they had an unlicensed firearm.

Thomas said Monday that Graham was afraid of losing her children because she intentionally shot and killed a man.

The Crown “did not for a moment suggest that there were no circumstances in which Watene acted horribly in that house,” Thomas said.

“But Sandy Graham gave the best she could.”

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

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

Thomas said the Crown’s case was not based on Graham’s lies to the police, friends and Watene’s family, but on science.

A firearms expert said Watene’s face could not have been closer than 80 cm from the barrel of the gun when it fired.

Thomas suggested that Graham downplayed her knowledge of firearms.

In his closing speech, Graham’s attorney Philip Shamy said one of the hardest things for a jury to recreate was an atmosphere of domestic violence.

“But it’s a trap. Domestic violence is not a calm and deliberate situation. Keep that in mind when considering this case.”

Shamy was “not here to defame Watene’s character”, but previous convictions for domestic incidents were pertinent.

“He was a jealous man.”

Shamy reminded the jury that Graham didn’t have to prove anything and that it was difficult to prove “especially when you’re on the menu.”

The Crown didn’t have to prove the motive, but Shamy asked “why would she do that on this night?”

“All we really know is that Mr. Watene is sadly dead, shot by that gun.”

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

Speaking of the distance between Watene’s snout and face, Shamy said the expert’s evidence went “from one meter to 80 cm, so what’s that one-fifth of his measurement?”

“And that’s how difficult this area is.”

Shamy questioned the reliability of witness statements that the Crown said the weapon was loaded at the time.

“There is evidence that she never fired that .22. So how is she supposed to know all these things about how to operate, load, unload and fire it,” Shamy said.

The trial began on June 13 before the High Court in Invercargill.

Justice Gerald Nation is expected to summarize the case Tuesday after Hyde’s lawyer delivers her closing address.