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Enough Doubt Exists To Acquit Otara Murder Accused, Says Lawyer

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Auckland, Feb 23 NZPA - The lawyer for a man on trial for murdering a teenager in south Auckland says he did not have murderous intent and there was reasonable doubt whether he struck the fatal blow.

The Crown alleges that Jeffrey Alailima Key, 26, bludgeoned Riki Mafi, 17, to death in an attack in Otara town centre in September 2006.

It alleged Key struck Mr Mafi so hard with a baseball bat that he felled him, and that he then kicked him before being dragged off by other members of his group.

But Key's lawyer Marie Dyhrberg told the jury at the High Court in Auckland today that there was strong evidence to suggest Key was not the only member of a group that approached Mr Mafi that night who was swinging a baseball bat.

Ms Dyhrberg said if there was a reasonable doubt whether Key struck a blow that was a substantial cause of Mr Mafi's death, he could not be found guilty.

She said a witness who gave evidence provided conflicting views on whether anyone other than Key was swinging a baseball bat and she argued that at least one other person could have struck the blow or blows which killed Mr Mafi.

"There are just too many contradictions, too many mistakes, too many inconsistencies, for you to be sure of anything here."

Ms Dyhrberg also said they should take note of Key's statement in a police interview that he did not intend to kill Mr Mafi, nor did he appreciate that the force he was using could have killed him.

She said he told police in the interview that he took responsibility for his actions that night but that he didn't mean to take his life.

The jury can find Key guilty if it decides he meant to kill Mr Mafi or if he knew the blows he dished out could have killed Mr Mafi but was reckless in choosing to run the risk of doing so.

The Crown says the incident began after a group including Mr Key was told by a woman that two people sitting in Otara town centre wanted a knife to stab them.

Prosecutor Kevin Glubb said when opening his case that Mr Mafi was not there when the woman was asked to get a knife.

He arrived some time later and stopped when two men asked if he had cigarette papers and "was in the wrong place at the wrong time" when Mr Key and his associates arrived.

Justice Helen Winkelmann will sum the case up tomorrow morning before the jury retires to consider the verdict.

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