Teh One Who Knocks
04-05-2022, 11:46 AM
By Belinda Feek - New Zealand Herald
https://i.imgur.com/Xe5ZzKb.png
A group of people was allegedly robbed, threatened, assaulted and detained - with two of them stripped naked and forced to hug - after trying to buy some cannabis.
Troy Mudford, 21, of Hamilton, Shannon Jenifer Avery, 39, of Brightwater in Nelson and Maxine Danielle McWaters, 30, of Matamata are on trial in the High Court at Hamilton this week each facing four charges of aggravated robbery relating to the alleged theft of wallets, cellphones, and clothing.
They also each face four charges of kidnapping, while Avery faces an additional charge of assault using a knife as a weapon.
Mudford faces two additional charges of assault using a hammer as a weapon, threatening to kill, injuring with intent to injure, and demands with menaces property belonging to another victim with intent to steal it.
All of the charges relate to an alleged incident in Hamilton between January 16 and 17, 2021.
In her opening submission to the jury of three men and nine women, Crown prosecutor Bernadette Vaili said the accused wanted money "and were out to get it any way they could".
On January 16, the four complainants, Gavin Clasper, together with his girlfriend, and two others organised to buy some cannabis off a friend in exchange for Paysafe and top-up cards.
One of the female complainants took photos of the cards and sent it to their friend
named "Rome".
After not hearing from him, the group decided to drive to his house on Rotokauri Rd.
On arrival they discovered Rome wasn't there and they were instead approached by the three accused.
They spoke to Mudford who said he would pass on the Paysafe and top-up cards to Rome, and then left.
Feeling uncomfortable about what happened, one of the female complainants made the cards unusable and again tried to contact Rome.
A few hours later, during the early hours of January 17, the group went back to the Rotokauri property to see if Rome had any cannabis for them, and alerted him that they were on their way.
They arrived and parked the vehicle facing out of the driveway. A second vehicle then drove up and parked in front of them, blocking them in.
Mudford approached their car armed with a hammer, taking the keys from the vehicle and punching Clasper, the driver, in the face.
The three accused demanded his phone and wallet, together with the belongings of the others, including phones, wallets, bags and jewellery.
Avery and McWaters reset the cellphones while Mudford continued to question Clasper where "Rome" was.
Mudford then dragged Clasper out of the car and into the house. The other three complainants were also taken into the house and put in a bedroom where they had pillowcases put over their heads and told to sit on their hands facing the wall.
While in the room, the complainants were assaulted and threatened by the accused, Vaili told the court.
Mudford had a hammer and used it to assault them, while continuing to ask where Rome was as he owed him money, Vaili said.
Mudford asked how much money they had as the accused continued to assault them with their hands and weapons, the prosecutor said.
The complainants were then asked to log in to their bank accounts to show them how much money they had.
Mudford threatened to hurt them and their families, while Clasper came up with a plan to drive Mudford to an ATM machine, which he agreed to.
He drove erratically to a number of petrol stations in the hope of being stopped by police.
They eventually stopped at Countdown Te Rapa and Clasper attempted to withdraw money - despite knowing he didn't have any.
Mudford continued to berate and threaten him and used the handle of the hammer to hit him on the ankle, Vaili said.
The complainant was also burned on his inner thigh.
He then drove Mudford to his parents' house before heading back to the Rotokauri property.
Mudford was angry returning empty-handed and Clasper suggested ringing his mother to bring them money.
They agreed and Clasper told her "they needed $500 for their lives".
Clasper's mother tried to deposit it into a BNZ ATM but was unsuccessful. However, it was then suggested she drive to Hamilton Zoo where Avery and Clasper's girlfriend would meet, passing the money through a window.
The exchange was successful and Avery drove her back to the house.
The two women were told to wait in the kitchen, and Mudford instructed Clasper - who was sitting with his friend on the bedroom floor - to strip out of his clothes, and sit on his hands again.
One of the female accused then told his friend to also strip out of his clothes before telling them both to hug each other.
The accused then left.
The complainants drove to Clasper's parents house and called police. The accused were arrested later that day after being found at the property where the vehicle they had used was registered.
Clasper, who now lives in Taupo, was the first to take the stand this morning, describing how he, his girlfriend and daughter had driven down from Whangamata for the weekend to see his parents at the time of the alleged incident.
He said they wanted to "buy some weed" but when they turned up to his friend's house there were "some people there that we didn't recognise ... just walking around the house".
They went back to the house about midnight to get the cannabis but the friend didn't appear to be home so they parked up.
About five minutes later the accused's car rushed up the driveway and the group were accosted by a man - who the Crown alleges is Mudford - who Clasper said punched him in the face after being upset that neither the top-up or Paysafe cards were working.
He said there were also two women there who seemed "very agitated ... they were moving around a lot, not happy .. real rude, real threatening".
'My client didn't beat you, threaten you, or steal from you'
Mudford's defence counsel Charles Bean says his client will give evidence that he never assaulted, threatened, or stole from anyone that night.
Bean, in his cross-examination with Clasper, said his client will also say that the group was actually trying to buy drugs off him that night and invited him into the Rotokauri house.
"You wanted to keep the party going by getting some money off your Mum," Bean put to Clasper.
"[Mudford] will say that you ran out of drugs, that you wanted to buy some more drugs and he offered you P [methamphetamine]. That's when the journey started because you wanted drugs.
"You got the money, there's been a transaction and you proceeded to get high," Bean said.
"You can say what you like, sir," Clasper responded, refuting all of Bean's claims saying they were held "hostage" that night.
Clasper said if his property wasn't stolen by Mudford then "why was it [found by police] in his car?"
The Crown will call 17 witnesses, including five complainants, throughout the week.
Justice Pheroze Jagose is overseeing the trial.
https://i.imgur.com/Xe5ZzKb.png
A group of people was allegedly robbed, threatened, assaulted and detained - with two of them stripped naked and forced to hug - after trying to buy some cannabis.
Troy Mudford, 21, of Hamilton, Shannon Jenifer Avery, 39, of Brightwater in Nelson and Maxine Danielle McWaters, 30, of Matamata are on trial in the High Court at Hamilton this week each facing four charges of aggravated robbery relating to the alleged theft of wallets, cellphones, and clothing.
They also each face four charges of kidnapping, while Avery faces an additional charge of assault using a knife as a weapon.
Mudford faces two additional charges of assault using a hammer as a weapon, threatening to kill, injuring with intent to injure, and demands with menaces property belonging to another victim with intent to steal it.
All of the charges relate to an alleged incident in Hamilton between January 16 and 17, 2021.
In her opening submission to the jury of three men and nine women, Crown prosecutor Bernadette Vaili said the accused wanted money "and were out to get it any way they could".
On January 16, the four complainants, Gavin Clasper, together with his girlfriend, and two others organised to buy some cannabis off a friend in exchange for Paysafe and top-up cards.
One of the female complainants took photos of the cards and sent it to their friend
named "Rome".
After not hearing from him, the group decided to drive to his house on Rotokauri Rd.
On arrival they discovered Rome wasn't there and they were instead approached by the three accused.
They spoke to Mudford who said he would pass on the Paysafe and top-up cards to Rome, and then left.
Feeling uncomfortable about what happened, one of the female complainants made the cards unusable and again tried to contact Rome.
A few hours later, during the early hours of January 17, the group went back to the Rotokauri property to see if Rome had any cannabis for them, and alerted him that they were on their way.
They arrived and parked the vehicle facing out of the driveway. A second vehicle then drove up and parked in front of them, blocking them in.
Mudford approached their car armed with a hammer, taking the keys from the vehicle and punching Clasper, the driver, in the face.
The three accused demanded his phone and wallet, together with the belongings of the others, including phones, wallets, bags and jewellery.
Avery and McWaters reset the cellphones while Mudford continued to question Clasper where "Rome" was.
Mudford then dragged Clasper out of the car and into the house. The other three complainants were also taken into the house and put in a bedroom where they had pillowcases put over their heads and told to sit on their hands facing the wall.
While in the room, the complainants were assaulted and threatened by the accused, Vaili told the court.
Mudford had a hammer and used it to assault them, while continuing to ask where Rome was as he owed him money, Vaili said.
Mudford asked how much money they had as the accused continued to assault them with their hands and weapons, the prosecutor said.
The complainants were then asked to log in to their bank accounts to show them how much money they had.
Mudford threatened to hurt them and their families, while Clasper came up with a plan to drive Mudford to an ATM machine, which he agreed to.
He drove erratically to a number of petrol stations in the hope of being stopped by police.
They eventually stopped at Countdown Te Rapa and Clasper attempted to withdraw money - despite knowing he didn't have any.
Mudford continued to berate and threaten him and used the handle of the hammer to hit him on the ankle, Vaili said.
The complainant was also burned on his inner thigh.
He then drove Mudford to his parents' house before heading back to the Rotokauri property.
Mudford was angry returning empty-handed and Clasper suggested ringing his mother to bring them money.
They agreed and Clasper told her "they needed $500 for their lives".
Clasper's mother tried to deposit it into a BNZ ATM but was unsuccessful. However, it was then suggested she drive to Hamilton Zoo where Avery and Clasper's girlfriend would meet, passing the money through a window.
The exchange was successful and Avery drove her back to the house.
The two women were told to wait in the kitchen, and Mudford instructed Clasper - who was sitting with his friend on the bedroom floor - to strip out of his clothes, and sit on his hands again.
One of the female accused then told his friend to also strip out of his clothes before telling them both to hug each other.
The accused then left.
The complainants drove to Clasper's parents house and called police. The accused were arrested later that day after being found at the property where the vehicle they had used was registered.
Clasper, who now lives in Taupo, was the first to take the stand this morning, describing how he, his girlfriend and daughter had driven down from Whangamata for the weekend to see his parents at the time of the alleged incident.
He said they wanted to "buy some weed" but when they turned up to his friend's house there were "some people there that we didn't recognise ... just walking around the house".
They went back to the house about midnight to get the cannabis but the friend didn't appear to be home so they parked up.
About five minutes later the accused's car rushed up the driveway and the group were accosted by a man - who the Crown alleges is Mudford - who Clasper said punched him in the face after being upset that neither the top-up or Paysafe cards were working.
He said there were also two women there who seemed "very agitated ... they were moving around a lot, not happy .. real rude, real threatening".
'My client didn't beat you, threaten you, or steal from you'
Mudford's defence counsel Charles Bean says his client will give evidence that he never assaulted, threatened, or stole from anyone that night.
Bean, in his cross-examination with Clasper, said his client will also say that the group was actually trying to buy drugs off him that night and invited him into the Rotokauri house.
"You wanted to keep the party going by getting some money off your Mum," Bean put to Clasper.
"[Mudford] will say that you ran out of drugs, that you wanted to buy some more drugs and he offered you P [methamphetamine]. That's when the journey started because you wanted drugs.
"You got the money, there's been a transaction and you proceeded to get high," Bean said.
"You can say what you like, sir," Clasper responded, refuting all of Bean's claims saying they were held "hostage" that night.
Clasper said if his property wasn't stolen by Mudford then "why was it [found by police] in his car?"
The Crown will call 17 witnesses, including five complainants, throughout the week.
Justice Pheroze Jagose is overseeing the trial.