A woman accused of murder told a court she could not remember whose idea it was to bury the body.
Sandy Maree Graham, 32, pleaded not guilty to the murder of Dale Tama Watene, 40, at Otautau on April 16, 2020.
George Ivor Hyde (25) innocently pleaded guilty to being an accomplice after the fact until the murder of Watene, at Otautau between 16 April 2020 and 27 April 2020.
Watene’s body was found on May 18, 2020 in the Longwood Forest.
In the third week of her Supreme Court jury trial in Invercargill, Graham was elected to testify.
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Graham said Thursday she did not know if she pulled the trigger of the gun that killed Watene, after they had a heated argument over another man with whom she slept.
She was worried about the loss of her children because she had an unlicensed firearm, so she said she called Hyde for “support.” She said the rifle’s magazine was not attached when she and Watene “wrestled” for it, so she believed it was not loaded.
The Crown alleges Graham got Hyde to hide the body.
During cross-examination by the Crown on Friday, prosecutor Riki Donnelly asked whose idea it was to bury Watene’s body.
Graham said she could not remember.
Evidence showed that seven days after he was last seen, Graham sent Watene’s mother a message asking if she had heard from her son.
Donnelly claimed Graham knew Watane was dead, but tried to suggest to his mother that he “went somewhere”.
“I do not know what I was trying to do,” Graham replied.
Donnelly suggested that Graham tried to raise the possibility that Watene had committed suicide during an altercation with another person.
Kavinda Herath / Stuff
Police at the Otautau home where Watene was last seen. (File photo)
Graham replied, “Like I said, I do not know what I did.”
Donnelly said when police questioned Graham the day she was charged, the officer “gave you every opportunity to say it was an accident”.
Graham said there are many reasons why she lied: because she thought she would lose her children and go to jail.
The fact that she was charged with murder did not sink in, Graham said.
“I just lied so much that I stuck with it all the way. It was only since I went to prison that I wanted to change my life, ”she said.
“His family deserves to know the truth and I have to be responsible for my life otherwise I can not change.”
Donnelly questioned why Graham would not just let Watene get the gun during the fight if it was dropped.
“I do not know. I did not think about it then,” she said.
A firearms expert called as a Crown witness said earlier in the trial that the rifle snout was no closer than 80 centimeters from Watene’s face when it fired.
Supply
Watene’s body was found on May 18, 2020 in Southland’s Longwood Forest after he was last seen in Otautau just over a month earlier.
Graham said both her and Watene’s hands were on the firearm when it went off.
She said she did not know what his hope would happen after Watene’s body was buried.
Hyde’s attorney, Fiona Guy Kidd, QC, cross-examined Graham on Thursday and Friday.
The jury heard earlier that Graham and Hyde were good friends. Hyde loved Graham’s children and believed Watene had shot himself when he arrived at Graham’s home.
Hyde told police in a video interview that he buried the body.
Forensic investigations have linked the bricks covering Watene’s grave to bricks from Hyde’s home.
Guy Kidd asked Graham if it was possible she had forgotten to tell Hyde to put bricks on the grave.
“I think it’s something I will remember,” Graham replied.
Guy Kidd later asked if Hyde had done what he was told to do.
“[I’m] not sure if I really asked him to do that. We just talked about it and did it. It was not really discussed, “said Graham.
Judge Gerald Nation allowed Graham’s attorneys to present hearsay evidence.
Graham’s attorney, Katy Barker, said Watene had several convictions, including for threatening acts, possession of offensive weapons and violating a protection order.
Graham told the court on Thursday that Watene became verbally abusive when he drank. In the months before Watene’s death, the police issued two security orders forbidding him to contact her.
The lawyers are expected to give their closing addresses on Monday.