The partner of a man who "trashed" a police officer's Holden Commodore, allegedly at the officer's request, has denied being told by her partner what to say in evidence.
In the Dunedin District Court yesterday, defence counsel Max Winders suggested to Penny Hallam she knew nothing about the smashing up of the car until afterwards and had not heard it being discussed in the days before it happened.
Mr Winders also suggested her partner, Paul Burford, had told her what to say when a police officer arrived at their Nelson home to interview them about the incident. But Ms Hallam said she had been present during discussions shortly before the incident in January 2009 about the need for something to be done about the car.
Her evidence to the jury hearing the trial of Gore police officer Alastair James Brown (35) for alleged insurance fraud, was that she and Brown were in a relationship some years ago and he became close friends with her partner. She said she was present when Brown, Mr Burford and his son, Mitch, were talking about the car. Her impression was Brown could not afford the payments.
"What I heard being suggested was somebody would take it away and trash it," she told Crown counsel Robin Bates.
The Crown says Brown got the Burfords to destroy the $25,000 Holden Commodore so he could get the insurance. The claim was refused and Brown was subsequently charged with dishonestly using a document, an AMI vehicle theft claim form, for financial gain on January 26, 2009. He denies the charge. His trial, before Judge Paul Kellar and the jury is now into its fourth day.
Paul and Mitch Burford were charged as parties and both pleaded guilty and were dealt with earlier. Paul Burford said he agreed to being involved because Brown was a friend. But he denied a defence suggestion he destroyed the car because Ms Hallam and Brown were involved in a sexual relationship and he wanted to "send a message".
Ms Hallam said yesterday she recalled parts of a conversation between Paul Burford and Mitch about taking the car away and trashing it. Brown was not present. After the car was destroyed, she drove Brown back to Gore, but could not remember if they talked about what happened. She agreed that when she learned her partner and Mitch were involved, she most likely said to Brown she did not want them involved. And she "may have" asked why he had used her family, she told Mr Bates.
To Mr Winders, she said she had given Brown a Navman for Christmas in 2008. She agreed it was an expensive gift but said she paid it off over the year. She also agreed she and Brown had been seeing each other and texting a lot. It was a close friendship, she said.
"More than that," Mr Winders suggested, to which Ms Hallam replied she had "a lot of close friends in the same category".
She agreed she and Brown had been involved in a physical relationship for some time in 2008 although it was really only "a short burst". She also agreed some of the texts she sent Brown were "quite intimate" with some quite explicit images. But she said she had quite a few friends with whom she texted and exchanged photos.
"The pictures were of you in very explicit sexual poses?" Mr Winders asked.
"Depends how you look at it," the witness said. She called them "glamour" shots but accepted some "went beyond that" and would be X-rated photos. She agreed sending such images did not seem a very discreet thing to do. Ms Hallam also agreed her partner would regularly look through her phone, but said he would never have seen anything on her phone to raise any suspicions. He would have seen other photos, but not the messages to Brown.
"I'm quite careful with my phone," she said. .
When Sergeant Chris McLellan arrived at their place in October 2009, she was at work. Mr Burford called her to say the officer was there, but did not say anything to her about Brown organising the car smashing.
To a suggestion Mr Burford kept "a pretty close eye" on her, Ms Hallam asked "What's that got to do with this?" She agreed Mr Burford called her on Tuesday night but denied he had put her up to her evidence.
Transport manager Jason Gillies, a friend of the accused, gave evidence for the defence. He said he had offered to buy Brown's car a month or two before it was stolen. He had made a serious offer of $20,000, but Brown was not interested, saying he did not want to sell the Holden.
To Mr Bates, Mr Gillies said he had seen the car in the Mornington Tavern car park a couple of times, usually right outside the tavern.
Brown said in evidence he had joined the police force in April 2008.
He had bought the car for $25,000 on a five-year hire-purchase contract in 2005. He could afford the payments, although occasionally payments had not gone through because of a shortfall caused by bank charges.
He had been in a relationship with Ms Hallam for several months some years ago and they became involved again briefly after he met her again when she was in a relationship with Mr Burford.
Brown's evidence continues today.
