01.10.2004

 

A former Highway 61 gang boss accused of murder says he feared for his life and was acting in self-defence during a fatal struggle with the man who replaced him as gang president, Kevin Paul Weavers.

Kelly Raymond Robertson told a jury in the High Court at Auckland yesterday: "He looked like a possessed man with the demon in his eye. He just looked totally unreasonable.

"In his right hand there was an ugly-looking [double-bladed] knife."

Robertson is accused with Michael Douglas Gould and Michael William Brittain of murdering Mr Weavers at the gang headquarters in Manurewa in September last year.

Brittain, who waited outside the gang pad, is accused of instigating the fatal attack in retaliation after Weavers and three other men burst into his house and attacked him with hammers.

He suffered a severely broken arm, head injuries and a badly cut leg. Mr Weavers also took his treasured Harley-Davidson motorcycle.

Mr Weavers believed that Brittain had set up two of his friends to be assaulted during a dinner at Brittain's home.

The hammer attack was retribution.

The Crown alleges that four days later, when Brittain signed himself out of hospital, reprisal action was taken by Brittain, Robertson and Gould.

In his opening address, Robertson's lawyer, Peter Neutze, said Robertson had gone to the gang pad as a "mediator" to try to get Brittain's bike back, but Weavers "turned ugly".

Robertson told the jury that Mr Weavers greeted him and Gould warmly.

When Gould went off to look at motorcycle parts elsewhere in the pad, Robertson told Mr Weavers that Brittain was outside and that he wanted to give his side of the story, that he had not set up his friends for a beating.

But Mr Weavers angrily said that Brittain was not getting his bike back.

Robertson said he told Mr Weavers that he had advised Brittain to go to the police.

He then told him that he was going to fetch Brittain to give his side of things and started to leave.

But Mr Weavers rushed at him with a knife screaming that he was a nark and that he was going to kill him.

He told the jury that the fatal injury occurred as he struggled to repel the attack by Mr Weavers, who had the knife at all times.

Mr Weavers, who suffered a number of injuries, died from massive blood loss from a 22cm wound to the thigh, which cut the femoral artery.

Robertson said the Crown allegation that he and Gould attacked Mr Weavers with knives was ludicrous and he denied that Brittain instigated any assault.

He said there had been no animosity between him and Mr Weavers.

The trial before Justice Colin Nicholson continues today.

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