A man accused of murdering his best friend thought the man had raped his wife and is arguing provocation as his defence, his lawyer told a court today.
Salofa Aiono, 34, is on trial for murdering 36-year-old Sanele Sanato who died following an assault at his south Auckland home in February last year.
The prosecution alleged that Aiono beat Mr Sanato unconscious before stomping on his head.
Defence lawyer Panama Le'au'anae told the High Court at Auckland today that Aiono carried out the attack after his wife Tausilia told him that Mr Sanato had raped her.
She later said she had made up the claim because she was too scared to tell him that the sex they had was consensual.
The provocation defence, which can reduce a charge of murder to one of manslaughter, sparked controversy when it was used in the trial of Otago University lecturer Clayton Weatherston who murdered his former girlfriend Sophie Elliot in her Dunedin home last year.
It was abolished from New Zealand law last November, but because this incident occurred before then it can be used in Aiono's defence.
Aiono's brother Fereti Aiono told the court today that he drove him to Mr Sanato's home on February 25 2009.
He waited in the car while Aiono went to see Mr Sanato.
He said Aiono had not been angry on the way to visit Mr Sanato, telling him he wanted to catch up with his friend as they had not seen each other for some time.
After about 10 minutes, he heard a woman's screams coming from the back of the house and got out of the car to see Aiono standing over Mr Sanato.
"When I got to him he was kicking (Mr Sanato's) face so I pulled him off."
The brothers then drove to their mother and sister's home.
Asked why he had attacked Mr Sanato, Aiono said Mr Sanato had raped his wife, his brother said.
Mr Sanato died in Middlemore Hospital's intensive care unit the following morning.
