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Jurors listen to secretly recorded calls of murder accused sobbing after toddler's death

Author
Craig Kapitan, NZ Herald,
Publish Date
Fri, 10 Mar 2023, 2:39pm

Jurors listen to secretly recorded calls of murder accused sobbing after toddler's death

Author
Craig Kapitan, NZ Herald,
Publish Date
Fri, 10 Mar 2023, 2:39pm

鈥淔ull force - enough to, like, buckle my knees.鈥

That is how a close friend of murder accused Tyson Brown described a demonstration the defendant is alleged to have given of the physical discipline technique he used on slain toddler Arapera Moana Aroha Fia.

Brown, 22, was arrested after the 2-year-old arrived at Starship hospital on October 31, 2021, covered from head to toe in bruises, with a fatal brain injury and unable to breathe on her own. She was pronounced dead hours later.

The defendant, whose trial began this week, sat in the dock today in the High Court at Auckland as his friend 鈥 a fellow amateur musician who he used to rap alongside 鈥 nervously testified against him.

鈥淚 never met her,鈥 the friend said of Arapera.

But he recalled a conversation about the child less than two months before her death when he, Brown鈥檚 younger brother and the defendant were hanging out and having drinks.

鈥淲hen she plays up, I give her a little of this,鈥 the friend recalled Brown saying, adding that Brown then demonstrated a mixed-martial arts style shin kick.

鈥淧hoenix, his brother, asked for clarification. He was like, 鈥榃hat the f***? It wasn鈥檛 that hard.鈥 And he [Brown] was like, 鈥榊eah,鈥 and he did it again, full force.鈥

The friend, who asked not to be identified by name, said he initially brushed off the comment.

But almost two months later 鈥 on November 5, just days after the child鈥檚 death 鈥 he received a call from Brown, who through sobs informed the friend that Arapera had died and he was in MIQ isolating with Covid. Neither man knew it at the time, but police had obtained a warrant to listen in on Brown鈥檚 calls and were recording their conversation.

Tyson Brown was charged with murder after the 2021 death of 2-year-old Arapera Fia.Tyson Brown was charged with murder after the 2021 death of 2-year-old Arapera Fia.

The calls were played in court today.

鈥淔***. What the f***?鈥 the friend asked incredulously as Brown revealed the death.

鈥淚t鈥檚 gone up in the media and shit,鈥 Brown responded. 鈥淵ou just can鈥檛 believe everything that, if you do see anything about it, just don鈥檛 believe it, bro.鈥

Brown added moments later: 鈥淚 can鈥檛 talk to anyone. I can鈥檛 sleep, cos no one f***ing knows. They don鈥檛 even know her.鈥

The exchange resumed minutes later, after the friend left work for a more private conversation.

鈥淔***ing something just happened to baby, aye bro,鈥 Brown continued. 鈥淔***ing I don鈥檛 know what happened but she was asleep, and was asleep for awhile and then f***ing just checking on her, checking on her and getting worried about her, and f***ing she just had, she started having trouble breathing and could see her heart rate was picking up and stuff. So called the ambulance. F***, bro, I don鈥檛 know what happened after they took her. Cos she was still alive with us.鈥

Brown went on to complain that police had 鈥渟tripped鈥 him down and made him hand over his phone and were 鈥渜uestioning me if I f***ing killed her鈥.

鈥淪he even got f***ing marks all over her that weren鈥檛 there when we gave her over,鈥 he said.

A week later, on November 11, the friends talked again, and police again covertly recorded the call. By that point, the friend鈥檚 tone of voice had changed - no longer shocked and sympathetic.

鈥淭he cops pulled me in last night,鈥 the friend said. 鈥淲hen they realised how close they were with me, they started hammering me. I haven鈥檛 folded. I don鈥檛 fold. But I made them give up info, G. Evidence that they have and that.鈥

The friend went on to say he had been thinking about things Brown had said previously.

鈥淚鈥檝e been putting two and two together and, like, if you did this, G, I鈥檓 ringing you out of love,鈥 he said. 鈥淟ike, I will have your back as much as I can ... but you got to come clean, G.鈥

Brown responded: 鈥淚 did not do it, okay?

鈥... Straight up, she was alive with us and, s*** bro, but they鈥檙e doing this. I don鈥檛 know why, bro ... But bro, we did not beat her to the f***ing point where she died. No s*** like that happened, bro.鈥

The friend reminded Brown of the conversation he recalled them having in September when Brown described 鈥渂ooting her around鈥 when the child wasn鈥檛 listening.

鈥淚t鈥檚 not like that, bro,鈥 the defendant responded. 鈥... I don鈥檛 do that to f***ing little kids.鈥

The friend went on to say he couldn鈥檛 believe Brown鈥檚 suggestion that the paramedics caused her bruises and killed her.

鈥淕, I can鈥檛 just throw away like hundreds of years of medical science,鈥 the friend said, causing Brown to sigh. 鈥淚 told the cops the truth, that you鈥檙e my brother, that you鈥檙e my rock. And I鈥檓 finding it hard to believe as well, G, but like f***, that鈥檚 a 2-year-old girl, G, and I can鈥檛 deny pure evidence and that, you know?鈥

Brown remained adamant he did nothing wrong, again lashing out at police for treating him like a suspect. He said the child had fallen off a slide seven hours earlier - something his own lawyer has acknowledged couldn鈥檛 have caused Arapera鈥檚 death.

鈥淪he鈥檚 a clumsy girl herself anyway,鈥 Brown said. 鈥淎lways out doing stuff. Always out hurting herself. Always falling over s***. She was always doing something stupid, bro. Always doing something that she knew she wasn鈥檛 supposed to do.

鈥... She wasn鈥檛 beaten up or anything, bro.鈥

Brown told his friend that Arapera was "a clumsy girl". Photo / SuppliedBrown told his friend that Arapera was "a clumsy girl". Photo / Supplied

Brown continued with a long soliloquy in which the friend stopped speaking.

鈥淟ook, I don鈥檛 blame anyone if they want to f***ing turn on me and s*** because at the end of the day, like, she was in my care and she was being taken care of by me while I was there with [the primary caregiver].鈥

The primary caregiver, who continues to have name suppression, pleaded guilty to manslaughter last week for failing to protect the child. She is expected to testify against Brown before the trial ends.

鈥淚鈥檓 going f***ing crazy over this s***, bro,鈥 Brown continued. 鈥淚 see her in my dreams, and f***. But I don鈥檛 know what happened ... She just had an accident at the house off her slide.

鈥... She would get smacks and stuff and get all that for being a naughty girl, but I promise you, bro, that I did not beat her up until she died. She did not die at the house with us.鈥

After the call was played for jurors today, the friend explained that he had eventually set his mobile on speaker and walked away as Brown continued to talk uninterrupted.

鈥淪o that was my first time hearing it,鈥 he testified.

Tyson Brown appears in the High Court at Auckland at the start of his murder trial. He is accused of having fatally beaten 2-year-old Arapera Fia in her Weymouth, South Auckland, home. Photo / Jason OxenhamTyson Brown appears in the High Court at Auckland at the start of his murder trial. He is accused of having fatally beaten 2-year-old Arapera Fia in her Weymouth, South Auckland, home. Photo / Jason Oxenham

Brown called back about seven hours later, asking the friend about his conversation with police. But the call became contentious. His close confidant had clearly had enough.

鈥淕, I just can鈥檛 believe that, that she came back with injuries as if, like, the ambulance did it,鈥 the friend said, to which Brown reiterated that the child must have been injured after she was taken to hospital. 鈥... Why does this story just keep changing? Like, why do you keep updating your story?鈥

鈥淚鈥檓 not,鈥 Brown replied.

鈥淭here was no falling off the slide before,鈥 the friend retorted. 鈥淭here was no accident.鈥

The friend added later: 鈥淒o you remember that night when you told me that you used to give her the boot? Do you remember that night?鈥

鈥淵eah, bro, I do, I do,鈥 Brown responded, beginning to say more then trailing off with a long pause.

鈥淚 didn鈥檛 tell you the full story or anything from the start because, bro, I was still mourning for that girl ... This is just a lot for me to comprehend as well, which is probably why it might sound like it鈥檚 all f***ing one story and s*** to you, bro. Other s*** is getting added and updated, because each day that goes by I鈥檓 figuring out new s*** about it too.

鈥... I don鈥檛 know how any of this sounds to you. I鈥檓 not trying to make it seem like I鈥檓 trying to convince you about this s***, bro. At the end of the day, you鈥檙e someone that can make judgment off what you think is right and wrong and I won鈥檛 hold it against you, bro. I won鈥檛, because I know how all of this looks and I don鈥檛 want to feel like I鈥檓 trying to explain myself to you because you think that I did something to her.鈥

He then continued on about the child being uninjured until paramedics arrived.

鈥淣ah, I鈥檓 over this s***,鈥 the friend said as he hung up.

During cross-examination this afternoon, defence lawyer Lester Cordwell repeatedly asked the friend if he knew the calls were being recorded and if police had coached him to fish for a confession. The friend repeatedly denied it.

The witness agreed with Cordwell that Brown was drunk and possibly high on the night he spoke about the child鈥檚 disciplining. The friend also acknowledged that he walked in during the middle of the conversation and didn鈥檛 know for sure at the time if Brown was serious or not. But the conversation was disconcerting enough that stuck in his mind, he said.

鈥淚 didn鈥檛 want to narc on him at the time,鈥 he said of not initially telling police about the September conversation, explaining that he had a change of heart and tried to tell a detective just hours later.

鈥淚 felt like I needed to make my own mind up, if that makes sense,鈥 the witness said, explaining that he talked with his sister after meeting with police and it was his sister who suggested he call Brown again to confront him with inconsistencies. 鈥淚 just wanted to be out with it and say it, and see how he responds and judge off that.鈥

Cordwell noted that his client didn鈥檛 admit to killing Arapera despite the friend鈥檚 pointed questions. He asked the friend if he thought Brown was guilty regardless.

鈥淭hat鈥檚 my opinion,鈥 the witness said.

The trial, before Justice David Johnstone, is set to continue on Monday.

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