Vinay Karanam The Supreme Court has ordered the acquittal of Black Power Whanganui president Damien Shane Kuru, overturning his conviction as a party to the manslaughter of Mongrel Mob member Kevin Neihana Ratana in a landmark judgment that is expected to set limits on the evidence provided by police expert witnesses in gang-related cases.
Kuru has consistently maintained his innocence since he was charged. He was only acquitted after serving the entirety of his sentence, which was just over five years, and after being repeatedly denied parole.
In a judgment released last week, the Supreme Court found that Detective Inspector Craig Scott, who was called to give expert evidence on gangs at Kuru’s trial, failed to disclose that he was not familiar with the Whanganui Black Power chapter. The court also determined that his evidence lacked balance. This judgment is anticipated to restrict the use of evidence from police witnesses presented by the Crown as gang experts.
Kuru’s lawyer, Christoper Stevenson KC, emphasized the significance of the judgment, calling it “incredibly important.”
The case involved Kuru being convicted as a party to the manslaughter of Ratana, who was staying with his girlfriend in an area considered to be Black Power territory. The Crown alleged that Kuru, as the president of the Black Power chapter, had ordered, sanctioned, or authorized a plan for members of the chapter to damage Ratana’s property and intimidate him, with firearms involved.
The Supreme Court unanimously allowed Kuru’s appeal on the grounds of inadmissibility and unreasonable verdict, entering a judgment of acquittal. The court clarified the law relating to expert evidence, particularly police expert evidence, and outlined the necessary limits, qualifications, and risks to be considered in evaluating its admissibility.
This ruling is expected to have a significant impact on future gang-related cases, ensuring that expert evidence is presented with appropriate limitations and qualifications to prevent miscarriages of justice.
