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All Message Boards : WTF? Three “not guilty�?verdicts in murder trials in the past few days!
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From: MSN NicknameKiwithrottlejockey  in response to Message 1Sent: 5/29/2008 3:19 AM

Police ‘picked wrong man�?in Nicholas case

Foreman weeps as he is cleared of murder

By MARTY SHARPE - The Dominion Post with NZPA | Thursday, 29 May 2008

Police investigating the death of Hawke's Bay farmer Jack Nicholas "simply picked the wrong man," the lawyer for Murray Foreman, who was acquitted of the murder last night, says.


NOT GUILTY: Murray Kenneth Foreman walked free from the High Court at Napier after a jury found him not guilty of murdering farmer Jack Nicholas.
�?LYNDA FORREST/The Dominion Post

The jury delivered their verdict in the High Court at Napier at 7.11pm yesterday after a day and half of deliberating.

In a rare move, they asked Justice Simon France to read a note which said: "We believe no one in the Nicholas family was involved in any way."

Mr Nicholas�?son Oliver had been suggested as a suspect during the trial. Mr Foreman, 51, who did not give evidence, looked up to the ceiling and wept when the jury of four men and eight women read the words "not guilty".

Speaking to Radio New Zealand, Foreman's counsel, Bruce Squire QC, lashed out at the police investigation, labelling it "shoddy" and "selective".

He said police had made the "fatal flaw" that characterised many investigations of picking a particular individual and trying to fit a case around them, instead of thoroughly investigating a crime and remaining open minded until all the evidence was clear.

"They simply picked the wrong man and they should have known it long before they charged him," Mr Squire said.

He said the jury had "utterly and completely rejected" the evidence of Crown witness Donna Kingi, who claimed Foreman confessed the murder to her.

"I think that the verdict represents a finding that that woman told lies."

Mr Squire said he did not know whether police planned to reopen the case, but if they did, they should "look in rather obvious quarters for the person who was responsible for the shooting".

He believed there were "other avenues" for police to pursue.

The officer in charge of the case said police were surprised at the verdict.

"We will do what we do in these situations, we'll have a look at it, we'll debrief it and try to figure out what happened in there."

Asked how he felt, as he left the court building, Mr Foreman told reporters: "I’m happy, I’m happy, I can’t wait to see my [teenage son Chea], I haven’t seen him for 18 months", before being whisked away by a waiting car.

Mr Foreman denied any involvement in the dawn shooting of Mr Nicholas, 71, at his remote farm northwest of Napier on August 27, 2004.

He was shot twice by a high-powered .308 rifle.

The Nicholas family left the courthouse without making comment, but Mr Nicholas' brother Craig told The Dominion Post from Christchurch: "I am so shocked by this. I am deeply disappointed with the outcome ... that [Mr Foreman] has walked free."

He thanked Napier police and also the Crown’s star witness Donna Kingi for her "great bravery in coming forward".

The officer in charge of the Nicholas inquiry, Detective Sergeant Dan Foley, said he was surprised by the verdict.

"As far as the police are concerned, that is the end of the inquiry. We won’t be taking the matter any further."

The jury asked four questions of Justice Simon France yesterday as they deliberated, the last only an hour before they gave their verdict.

They asked whether they could believe all the evidence of Ms Kingi if they did not believe her version of when the alleged conversation took place.

Ms Kingi alleged that Mr Foreman had told her on the morning Mr Nicholas died that he had shot someone.

The jury were told they could disregard some and believe other evidence, but in the end they decided the evidence was not enough to convict Mr Foreman.

Outside court, Penny Edwards said the entire Haumoana community, where Mr Foreman lives, had known their friend "Moe" was innocent.

The close friend said the case had torn the Foreman family apart.

This is the third high-profile murder trial to fail in a week. Last Wednesday, George Gwaze was found not guilty of the sexual violation and murder of his niece Charlene Makaza and the following day Chris Kahui was acquitted of murdering his twin three-monthold boys Chris and Cru.

http://www.stuff.co.nz/dominionpost/4563458a6045.html



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     re: WTF? Three “not guilty�?verdicts in murder trials in the past few days!   MSN NicknameKiwithrottlejockey  5/29/2008 3:20 AM