NSW: Man convicted of murdering police officer wins appeal = 2

AAP General News (Australia)
02-16-2007
NSW: Man convicted of murdering police officer wins appeal = 2

TAUFAHEMA will face a new trial at a date to be fixed.

The judges said today the jury in his trial had not been properly instructed on the
elements necessary for joint enterprise murder.

TAUFAHEMA was in the car being chased by Mr MCENALLAY .. which was being driven by
TAUFAHEMA'S brother MOTEKIAI .. were SIONE PENISINI and MELI LAGI .. and four loaded stolen
guns.

The men tried to evade Mr MCENALLAY .. but when the car struck a gutter and stopped
.. PENISINI got out and fired at the policeman.

Mr MCENALLAY was hit four times and died in hospital from head and chest wounds.

MOTEKIAI TAUFAHEMA was also convicted of murder .. after prosecutors argued he was
part of a joint criminal enterprise to evade arrest .. and foresaw the policeman might
be killed in the process.

But he too successfully appealed in the Court of Criminal Appeal .. which quashed the
conviction in May last year.

AAP RTV lma/klw/rt

KEYWORD: TAUFAHEMA 2 SYDNEY (REOPENS)

2007 AAP Information Services Pty Limited (AAP) or its Licensors.