The president of the Tribesmen Aotearoa gang says he didn’t want a fellow member to be killed, and didn’t order a “hotbox” attack to take place. 

Mark ‘Shark’ Hohua died after a series of assaults at president Conway Rapana’s Hodges Rd property in Waimana, Eastern Bay of Plenty in June 2022. 

The Crown has told a jury that the attack was a hotbox, ordered by Rapana, who was allegedly upset that the 48-year-old victim had set up an automatic payment from the gang’s bank account for three online purchases. 

A hotbox is when a gang delivers a beating to one of its members. 

In his closing, Crown Solicitor Richard Jenson said Rapana had been heard to say that Hohua “needed to be killed” after finding out about the money. 

Rapana, vice-president Heremaia Gage, patched members Ngahere Tapara and Te Patukino Biddle, and prospect Dean Collier are on trial in the High Court at Hamilton, accused of Hohua’s murder. 

On trial for the murder of Mark Hohua are Tribesemen gang members (clockwise from left) Te Patukino Biddle, Ngahere Tapara, Dean Collier, Conway Rapana and Heremaia Gage. Photo / Andrew Warner 

‘He didn’t want him to die’ 

Rapana’s defence counsel Nick Dutch said Hohua’s death was a “tragedy, we can’t shy away from that”. 

“On 19 June 2022, Conrad Rapana lost his friend of over 20 years.” 

Rapana had previously taken Hohua to his house to help shake him out of his addictions, banning drinking and drugs, and instead getting him fit and strong. 

Hohua’s partner, Rebecca Van Der Aa, testified that she “hated” Rapana but she admitted the pair had been friends and that Rapana had tried to help Hohua, including when he’d threatened her. 

Dutch also reminded the jury about a time when Hohua texted his resignation to the gang in the weeks before his death. 

“Conrad’s response was, ‘Love you brother, I will miss you, my bro, Tribesmen’. 

“Unfortunately, though, Mark Hohua died. 

“No one wanted this to happen. Conrad Rapana certainly didn’t want him to die.” 

He disagreed with the Crown’s suggestion that Hohua’s death was planned. 

“This was instead unplanned fighting. 

“It was just chaos.” 

Tribesmen Aotearoa president Conway Rapana in the High Court at Hamilton last month. Photo / Belinda Feek 

There was also no hotbox, he said. 

“It wasn’t a hotbox. The children wouldn’t have been there if there was a hotbox. 

“[Rapana’s partner] wouldn’t have been there if it was a hotbox.” 

In a text exchange with Gage, Rapana had described the incident as “a f***** ugly mess”. 

“And that’s what it was,” Dutch said. 

There was also no evidence that Rapana had ordered a hot box on Hohua. 

“There’s no evidential foundation. 

“The text evidence is that no one knew.” 

It was the opposite, in that Rapana hadn’t been heard saying to start a fight, only to “stop” fighting. 

“They just heard him say, ‘stop’ with urgency.” 

Biddle’s lawyer, Matthew Goodwin, told the jury earlier in the trial that Hohua’s fatal injuries were caused when he fell on a set of steep and unstable concrete steps while fleeing the house. 

Dutch reminded the jury that Justice David Johnstone had already made it clear that they can’t convict the defendants of murder if they’re not sure he did fall. 

“And you can’t guess, because if there are two or more logical conclusions, you can’t draw an inference that one is preferred to the other.” 

He referred to a pathologist’s evidence, who ruled that the head injury being caused by a fall was “an entirely possible scenario”. 

“Mr Rapana is not guilty of murder and not guilty of manslaughter.” 

‘He’s admitted culpable homicide’ 

Patched Tribesmen Aotearoa member Te Patukino Biddle. Photo / Belinda Feek 

Biddle’s counsel, Matthew Goodwin, said his client’s phone call from June 28, 2022, held several key markers of his client’s defence. 

He admitted giving Hohua “a hiding, or at least part of it”. 

“He knew he’d made some sort of contribution to his death because he talks about manslaughter. 

“Of course he’s had no legal advice for that call ... but he was pretty much on the money because he pleaded guilty to manslaughter.” 

In the phone call, played again to the jury, Biddle is asked by a friend about what happened and whether he was “going down for it, and did you give him the hiding?” 

“Pretty much,” Biddle replied. 

Asked whether his defence couldn’t be that someone had “sent him” to do it, he replied, “nah, nope”. 

He then said his “intention was never to kill him”. 

“The c**t just jumped off the bank and f***** himself up,” Biddle is heard saying. 

Goodwin also took issue with Jenson, on behalf of the Crown, appearing to only take pieces of his client’s evidence that suited them. 

“The staircase was a crucial factor ... in causing Mr Hohua’s injury. 

“The Crown is scared of that reality, and that’s why they try to present a different picture to you.” 

Jenson had submitted that Biddle was trying to “soften the blow” by admitting manslaughter on the phone. 

“Really,” Goodwin asked. 

“I gave him a hiding and I’m guilty of manslaughter. 

“I’m not sure that’s what I would call softening the blow to a friend. 

“He’s admitting culpable homicide, which is manslaughter.” 

Goodwin said all he asked of the jury was to “apply fairness and common sense”. 

“Isn’t the Crown really cherry picking the evidence that suits them, then rubbishing the evidence that doesn’t?” 

He said Biddle’s admission was a “major road block” for the Crown’s aim to get murder convictions. 

“The just verdict for my client is not guilty to murder,” he said. 

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.