The Crown says the vehicle Whyman was in was followed from Rotoiti by a black Toyota Hilux, driven by Malcolm with the unnamed man in the passenger seat, following an exchange they had on the side of the road with someone in another vehicle.

In her opening address on Monday to the jury, Crown prosecutor Anna McConachy said Malcolm was driving the Hilux and passed the Rodeo while the unnamed man leaned out the passenger window and fired shots at the car Whyman was in. Whyman’s sister, Ashleigh Santarelli, was the front passenger and Santarelli’s partner, James Gemmell, was driving.

Gemmell turned around and headed towards Mourea to get away from the Hilux, but it followed.

Whyman was on the phone to 111 when she was fatally shot in the back of the head. Her final words to a call-taker were: “They are shooting at us. They are going to f***ing kill us”.

A police cordon at the Happy Angler Store at Mourea on the morning of Korrey Whyman's death. Photo / Ben Fraser

Following an altercation and scuffle outside the Happy Angler Store, McConachy said the alleged shooters sped off in the Hilux. Emergency services came but Whyman died in Waikato Hospital on September 27.

McConachy, whose opening address to the jury continued on Tuesday, said the jury would hear from Sean Tahana that Malcolm and the unnamed man told him they were responsible.

Mapbox/ Herald Network Graphic

McConachy said Tahana would tell the court that on September 26 he was having a “sesh” smoking cannabis in a car at Malcolm’s Rotoiti address when Malcolm said an associate had claimed “the mutts had tried to kill him” so they chased the vehicle and fired shots at them.

McConachy said Tahana would saythe unnamed man was trying to “shush” Malcolm as he talked.

McConachy said Tahana would say the unnamed man later said of the Whyman being shot that, “f***ing dog sh**s got what they deserved, dumb b****”.

Tahana would also say the unnamed man said: “I’ll take it, I’ll take the rap” but that Malcolm jumped in and said, “I’ll take it, I’m the oldest, I f***ed up, I drove at the end of the day and I gave you the gun”.

McConachy said Tahana would say he called the unnamed man stupid and he responded: “Yeah I shot her”, before getting angry and whispering and mumbling.

A Toyota Hilux king-cab ute was found burnt out on Braemer Reserve on Sepember 27, 2022. Photo / Supplied by police

It would be Tahana’s evidence it was his idea to get rid of the Toyota Hilux ute by burning it in a remote location, which he helped Malcolm do on September 27, 2022.

McConachy said the jury would hear Tahana was understandably not forthcoming with police. When police searched his property relating to the homicide inquiry, they found drugs and charged him with possession of cannabis for supply, possession of methamphetamine for supply, and firearms offences.

McConachy said Tahana pleaded guilty to those charges and was sentenced to home detention.

He was also charged with being an accessory after the fact of murder for his part in the burning of the Toyota Hilux. But, McConachy said Tahana was granted “immunity from prosecution” by the Solicitor General on that charge in exchange for giving evidence for the Crown.

“He is someone who took some time before he was upfront with police about what occurred. I have no doubt that it might be suggested to you that he has been incentivised to give evidence. It did lead to a reduction in his sentence in his drug and firearms offending and he wasn’t prosecuted for being an accessory after the fact of murder.”

McConachy said it would be the unnamed man’s evidence he was dropped off at home on the night of the shooting and went into a garage by himself where he stayed alone before falling asleep.

He repeatedly denied in a police interview he was at any other addresses, despite the Crown saying other witnesses placed him elsewhere on that night.

The charges

The two men have pleaded not guilty to murder.

Each also denied two charges of discharging a firearm with reckless disregard for the safety of Ashleigh Santarelli and James Gemmell on September 25, 2022, at Rotorua.

The unnamed man has pleaded not guilty to two alternative charges of careless use of a firearm.

Malcolm, however, has pleaded guilty to the two alternative charges of careless use of a firearm but will stand trial on the charges of discharging a firearm with reckless disregard.

Malcolm also pleaded guilty to arson, that he, together with another person, on September 27 at Te Teko intentionally damaged by fire a Toyota Hilux with intent to avoid arrest and/or conviction.

Malcolm is represented by Scott Mills and Ben Smith assisted by Natasha Hartigan. The unnamed man is represented by Andy Hill and Matthew Jenkins.

Crown solicitor Amanda Gordon and McConachy will present the Crown case.

The trial is before Justice Peter Andrew and is expected to take six weeks.

Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.