A woman charged with murder following the death of a Tauranga man in an alleged gang retaliation killing, is no “Wicked Witch of the West” according to her lawyer.

Defence lawyer Scott Mills told a jury today that the Wizard of Oz analogy was probably the right story, but the Crown had portrayed his client Kiri Pini as the wrong character.

“The Crown would have you believe Ms Pini is a bit like the Wicked Witch of the West, able to wave her wand and manipulate the world around her, summoning her army.

“It’s perhaps the right story but the wrong character.

Instead, he said Pini was “Dorothy, caught up in a tornado well beyond her control ... and transporting her to a time and place she had no desire to be.

Pini is one of nine people on trial following the death of Mitchell Te Kani on May 14, 2022 during a clash that left several others seriously injured.

Crown solicitor Duncan McWilliam on Thursday delivered his marathon four-hour closing address, urging the jury to remember why Pini, and the Mongrel Mob members she was with turned up to the Te Kani whānau property on Maungatapu Rd that night.

It was for retribution, he submitted.

Defendant Bodine Umuroa was earlier attacked by Mitchell’s brother, and Pini’s former partner, Thomas Te Kani.

As all nine defendants had been charged as parties to the serious assaults and murder, McWilliam said the Crown didn’t have to prove who delivered the fatal, or injuring acts, just that the group all had a common purpose when they went there.

Ten people originally went on trial but Jamie Thomas, of Rotorua, had all five of his charges, including murder, dismissed during the trial.

The defendants now are: Kevin Allan Bailey and Shem Williams, both from Gate Pa; Mihaka Ratahi, of Pāpāmoa; Kiri Mereina Pini and Bodine Umuroa, from Parkvale; Hamiora Bennett from Brookfield; Huntly man Jahvaun Te Ari Layne; and Witaiawa Robinson and Samuel Mark Milosi of Tauranga.

‘It’s everything to do with the Mongrel Mob’

Today Mills said Pini was not only not part of any common purpose, but given it involved the Mongrel Mob, she wouldn’t be welcome to or even be able to be part of it as she’s not a member of the gang herself.

“The fact she had no real ability, time, or opportunity to extract herself from a fast-moving situation does not make her part of the common purpose.”

“It’s nothing to do with Kiri Pini and everything to do with the Mongrel Mob,” he said.

Mitchell Te Kani.

He said she had taken Umuroa with her that night in an attempt to gather her belongings “from her abusive and violent ex-partner”, which then turned into gang retribution.

“She is not part of a gang nor was she a part of that retribution.”

All the witnesses, from the first incident, were consistent — “she was constantly asking for her clothes”.

As gang expert Dr Jared Gilbert testified during the trial, Pini would have had no power or control over the Mongrel Mob.

Mills said Umuroa “created the chaos and insanity” that night.

“She’s not a member of the Mongrel Mob. It’s not her brotherhood. Kiri Pini was swept up in a situation well beyond her control.

“In their eyes, she is barely more than an object. She’s a second-class citizen, perhaps not too different from her relationship with Thomas Te Kani.

“You have to bear in mind the short relationship she had with Mr Umuroa. She’s not a gang wife ... it’s a very different situation.”

He urged the jury to acquit Pini on all charges, and “finally send her home to Kansas”.

‘It was dark, noisy, the dog’s barking the gang’s barking’

Umuroa is now defending six charges — murder, assault, injuring with intent, assault with intent to injure, and two wounding with intent to cause grievous bodily harm.

He earlier pleaded guilty to the aggravated burglary of the Te Kani whānau property from the first incident that night, and two charges of threatening to cause grievous bodily harm to Korau and Mahura Te Kani.

Defence counsel Tony Rickard-Simms said the gang members never took weapons with them that night.

As for the Crown claims they used their bottles, he said they had been drinking from them, just like they had all day for the unveiling of Mongrel Mob member ‘Socks’ Taikato.

The Te Kani family had armed themselves and “you couldn’t blame them for that”.

“Witnesses can be mistaken. It was dark, noisy, the dog’s barking, the gang’s barking.”

The Crown had also made a big deal of a still image from a video from the fight, but he said his client wasn’t even in it.

“Faced with the Te Kani family, they threw whatever they had in their hands.”

He said there was no plan for Umuroa to go there and attack anyone and the group went there as “a show of strength”.

“They went to shout, bark, and woof and intimidate people and put on a show. There was no evidence that it was an agreement to assault anybody ... and it certainly doesn’t mean that Mr Umuroa knew about it.

“It was a reminder, don’t mess with the Mob. Sadly they were met with resistance and people were hurt.”

He told the jury they couldn’t be sure Umuroa appreciated the risk of more than trivial harm to anyone at the address that night.

Defence counsel closings continue.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for nine years and has been a journalist for 20.