The five accused of murdering Wanganui toddler Jhia Te Tua knew they were headed to a violent confrontation with one of their party carrying a gun, and should all "share in the consequences", Crown lawyer Grant Burston told the High Court in Wellington today.
Mr Burston began summarising the case against the Mongrel Mob members and associates by telling the jury the possibility some of them may not have meant to kill anyone was "irrelevant".
"This case shows what can happen when gangs fight.
"Those who become involved cannot avoid personal responsibility for their actions."
Two-year-old Jhia died on May 5 last year after shots were fired at her parents' home in the Wanganui suburb of Gonville during a gang-related drive-by shooting.
Hayden John Wallace, 27, Karl Unuka Check, 26, Ranji Tane Forbes, 21, Erueti Chase Nahona, 20, and Richard Anthony Puohotaua, 28, are accused of her murder.
Luke John Check, 24, is accused of being an accessory to murder after the fact.
They have all pleaded not guilty to the charges.
A murder charge against Thomas Muraahi, 27, was dropped yesterday when he pleaded guilty to a lesser charge of manslaughter and admitted being part of an organised criminal group. An assault charge against him was also dropped.
Police allege Wallace was the shooter and Mr Burston referred to two separate accounts from men who admitted being part of the three-car convoy from which the fatal shot was fired.
Both men described seeing Wallace leaning out the window of the lead car and firing into the group of 20 - 30 Black Power associates before firing into the air as they drove off.
Mr Burston said any defence claims that those involved had not intended to shoot anyone should be ignored as bullets removed from the scene were "at a human height". He gave no weight to claims that Wallace had intentionally missed the men on the front lawn.
"This wasn't a shooting gallery at a fun fair. The scene would have been chaotic after the first shot."
He said if the shots had been intended only to frighten Black Power, Wallace would have fired into the air or the ground.
Forbes, the alleged driver of the lead car, also came under attack from Mr Burston today.
He told the jury Forbes had been involved "right at the beginning of the gang conflict," as his car was pelted with rocks and the window smashed when they drove by the Black Power gathering earlier that evening.
In a police interview following the shooting Forbes said he was not a Mongrel Mob prospect and had gone along by choice.
He admitted seeing a weapon being loaded into the car under a cover but said he thought it was a baseball bat or crowbar.
Mr Burston reminded the jury Forbes had admitted seeing the gun about 100m before they reached the Te Tua house, but continued driving, putting the car in neutral and rolling up to the property to avoid alerting Black Power.
He said Forbes stopped the car after the first shot "in the best possible firing position right outside".
Mr Burston will continue his summing-up tomorrow.
