It may or may not surprise that David Tamihere slots neatly into the series of difficult cases that fail the logic test.
1. A far better candidate, Huia George Foley, who had no alibi, and who confessed independently to at least two people, one on his (proverbial) death bed he did it, and to another accuser he failed to deny it, by saying they will never find her body.
2. An attempt to saw off the dead man's head was pointless. Pathologists could show he was stabbed to death. On the other hand Tamihere operated with logic and good intelligence. He comes from a well performing family. Foley, after the event, drove close to a truck, stuck his arm out and it was ripped off. Unhinged. He had anxious demeanour after the homicides, Tamihere cool as, driving tourists around Coromandel delivering a sane and educated geographical narrative while driving the Swedes' car.
3. Tamihere clearly broke into the car, as shown by the fact he could replicate the difficult maneouver with no 8 wire after being arrested. Any theory suggesting he killed them precluded the need for him to break in. Car conversions were his "stock in trade". He found keys in the glove box by his testimony.
4. Their belongings were found in a place that implicated him if the people were found to be victims of foul play. Does not sound like our David.
5. Everything he did with the car and belongings was traceable back to him. If they were still alive, the car theft would never have been investigated by police, so he pawning their goods at harmony house in K road made sense only for a petty thief, never a double killer.
6. The sighting in Crosby's clearing the prosecution relied on was impossible for the reasonable man. Two trampers alleged to have spoken for 11 full minutes to a man, and a woman remaining silent, after the man had raped and murdered her boyfriend, and raped her. Ridiculous even to a Stockholm syndrome student.
Yes the COA used this last point 6 and thus witness C to deny his appeal. This is okay though, because that is COA's job, to patch together the best of trial into an ungainly essay in fantasy.
The above is to give context to this secret witness business. Frame, frame, and frame again. Oh will the state's hands ne'er be clean?