Tribesmen Aotearoa’s “problem” with rival gang the Killer Bees was more of the gang’s focus than hot-boxing one of its members.

That’s according to a lawyer defending Te Patukino Biddle, who is one of five Tribesmen accused of murdering Mark Hohua in 2022 after he used the gang’s account for his own online shopping.

Defence counsel Matthew Goodwin also told a jury in the High Court at Hamilton yesterday that Hohua, known as “Shark”, also contributed to his own death by running away and into the house of the Tribesmen Aotearoa president Conway Rapana, whose children and partner were inside.

Goodwin said Hohua was agitated after Biddle gave him a beating, but had frightened the children when running into their house.

Biddle dragged Hohua outside before two other men punched and kicked him further.

Hohua went on to die of his injuries in Whakatāne Hospital.

The Crown told the jury on Monday that he died because of the gang’s “hot-box” attack on him.

However, Goodwin suggested it was because of a fall he suffered after failing to negotiate a set of steep and unstable concrete steps after fleeing the house.

Rapana, vice-president Heremaia Gage, patched members Ngahere Tapara and Biddle, and prospect Dean Collier are all on trial for Hohua’s murder.

Hot-box beating for online shopping

In his opening to the jury of seven women and five men yesterday, Crown solicitor Richard Jenson said Hohua was subjected to a “hot-box” by his fellow gang members after using the gang’s bank account to make several purchases from the online website Layaway.

Layaway sells homewares and personal items and allows customers to pay for items in instalments.

Hohua had decided to have those instalments deducted from the gang’s bank account after making his purchases between September 2020 and December 2021.

The purchases weren’t picked up until a day or two before his death.

With a gang meeting scheduled for June 18, 2022, it was set to be the “No 1 item on the agenda”.

It was that day the hot-box was carried out, and Jenson claimed the attack caused the fatal injuries.

Yesterday, defence counsel for each accused briefly opened their case.

Tribesmen Aotearoa president Conway Rapana pictured in the High Court at Hamilton on Monday. Photo / Belinda Feek

‘He fell down steep, treacherous stairs’

Biddle’s lawyer said neither his client nor the gang itself went out that day intending to kill Hohua.

The scheduled club meeting had been set up to discuss issues the gang had with the Killer Bees.

Hohua’s theft, worth about $1200, had caused upset.

He “needed to be punished” and that would be in a physical way.

“But there were boundaries that applied.

“The group didn’t set out to kill Shark.

“Mr Biddle had no murderous intent; in fact, there was more urgent business that needed to be discussed.

“There was tension between the Killer Bees gang.”

Rapana and Biddle were to soon travel to a national hui to discuss “what should be done about it”.

“We say that punishing Mr Hohua was not the No 1 item on the agenda; it was this problem they had with the Killer Bees.”

Goodwin said there was “no doubt” that Hohua was assaulted, “mainly by Mr Biddle”, outside a shed.

“Mr Biddle punched him several times in the face and torso. We say that other men stood nearby, one of them also punched Mr Hohua.”

That was the end of any planned “discipline” for Hohua, Goodwin told the jury.

Hohua’s son, who had arrived with him, was then driven home but as Biddle and Hohua walked back to their cars, Hohua broke free, running on to the deck and then inside the house.

Rapana’s partner, Jolene Biddle, and two of their children were inside and got a fright.

“There was screaming. One of the children was upset. Mr Hohua was agitated.

“He had been drinking that morning.”

Te Patukino Biddle ran to the house and forcibly dragged him outside.

It was then that the “events, we say, moved out of sync for what was planned”.

Two men then attacked Hohua again, but he fought back so was still “in reasonable condition”, Goodwin said.

Shortly after, he ran away again.

It was as he negotiated his way down a “steep and treacherous” staircase that Hohua fell, hitting his head.

Goodwin said his client pleaded guilty to manslaughter because he accepted he committed an unlawful act by assaulting Hohua, and because of his involvement with the victim running away and falling.

“Mr Biddle is not guilty of having any murderous intent ... he’s only guilty of manslaughter,” Goodwin put to the jury.

‘It was just a fight between men’

Steve Franklin, defence counsel for Rapana, said he had less to say about his client as the gang president had less involvement in what happened that day.

“You are going to hear a lot about these things called hot-boxes. They are a real thing; they do occur.

“They do involve violence, and sometimes they can be quite nasty.

“But they are confined events.”

Franklin said the hot-box on Hohua was not sanctioned by his client and was just “fighting between men”.

He urged the jury to consider whether his client was involved in the attack or trying to prevent or stop it from going any further.

“Cast a critical eye over what you hear.”

Hohua’s death was “a tragedy, absolutely, but there was never a plan to end the life of Mark Hohua”.

‘The vice-president didn’t get involved’

Tribesmen Aotearoa vice-president Heremaia Gage (left) and patched member Ngahere Tapara in the High Court at Hamilton yesterday where they are each defending a charge of murder. Photo / Belinda Feek

Gage’s lawyer Rebekah Webby said her client was there, but he wasn’t involved in any attack.

“He didn’t hit him, didn’t get involved ... didn’t sanction it. Didn’t approve it.”

She urged the jury to listen to the evidence about where he was on the property, what he was doing and what he could see.

‘He didn’t see or do anything’

Tapara’s co-counsel Caitlin Gentleman said her client didn’t inflict, or encourage anyone to inflict, any injuries on Hohua that day.

“This trial is about what he didn’t know was going to happen ... what he wasn’t present for, what he didn’t see happen at Hodges Rd, and what he didn’t do at Hodges Rd.”

‘He was distraught, anxiously trying to get him care’

Tribesmen Aotearoa prospect Dean Collier. Photo / Belinda Feek

Collier admitted driving Shark to the hospital and when he arrived, he was “distraught” and “anxiously” trying to get him medical care, his counsel Scott Mills told the jury.

“What is disputed is that Mr Collier was involved in or assisted in this serious violence, which ultimately led to the death of Mr Hohua.”