By 1news.co.nz and is republished with permission
The Court of Appeal is satisfied that David Tamihere did kill two Swedish backpackers who disappeared in the Coromandel in 1989.
In a judgement released today, the court declined to quash Tamihere’s convictions. It said it was satisfied beyond reasonable doubt that he murdered 23-year-old Urban Höglin and his fiancée, 21-year-old Heidi Paakkonen.
Tamihere was convicted in 1990 of killing the couple, who disappeared while tramping in April the previous year.
The Court of Appeal previously rejected Tamihere’s case in 1992, and an appeal to the Privy Council was denied in 1994 – but Tamihere was released on parole in 2010.
Then, in 2020, then Governor-General Dame Patsy Reddy declared a royal prerogative of mercy amid controversy over elements of his case. That sent the case back to the Court of Appeal to decide whether a miscarriage of justice had taken place.
Tamihere was originally convicted in 1990 of killing 23-year-old Urban Höglin and his fiancée, 21-year-old Heidi Paakkonen.
The defence argued then that two key issues should lead to the convictions being quashed.
Firstly, that the original trial had in part relied on evidence from prison informant Robert Conchie Harris, who was convicted of perjury over it in 2019. And, secondly, the discovery of Höglin’s body two years after the murders a considerable distance away from where the couple went missing.
Together, those two events may have raised doubt about the accuracy of trampers’ identification of Tamihere.
However, today’s decision, while finding there was a miscarriage of justice over Harris’ evidence, found “the miscarriage does not justify setting the convictions aside” because other evidence proved beyond reasonable doubt that Tamihere murdered the pair.
The court’s ruling said: “We accept that it remains impossible to know the couple’s precise movements after they were seen in Thames on 7 April and why they were killed. But we do not accept that it is impossible to prove beyond reasonable doubt that Mr Tamihere killed them.”
Evidence included other trampers’ visual identifications of Tamihere being at Crosbies Clearing with Paakkonen, the finding at Tamihere’s home of distinctive items seen by the trampers, that Tamihere used the couple’s key to gain access to their car and that he cut up items found at Tararu Creek Road, including the couple’s tent and Paakkonen’s underwear
The Court of Appeal ruling added: “Having regard to the manner of Mr Höglin’s death and the evidence that she [Paakkonen] was not killed at the same time and place, the most likely motive for his death was a desire to abduct Ms Paakkonen for the purpose of sexual assault.”
The court noted that Tamihere had “lied” and adapted his account of what happened whenever confronted with new information. The case against him was “very strong”, it said.
“The evidence overall satisfies us beyond reasonable doubt that it was Mr Tamihere who murdered Mr Höglin and Ms Paakkonen. In our view, the case against him is very strong. It does not rest wholly on the trampers’ identifications. Rather, it derives its strength from the combination of visual identification and circumstantial evidence from a number of sources, including his use of the couple’s key to gain access to their car and his treatment of their property. It also rests in part on his admissions when confronted with evidence he could not explain away, and his proven lies.”
Given all this, it declined to use its powers under the Crimes Act to quash Tamihere’s convictions.
‘Tell us where to find Heidi’
Police said the judgment was “hugely validating” for all the staff who who had worked on the case.
However, there was one key piece of the puzzle missing — the location of Paakkonen’s body.
“While Sven’s body was located in 1991, the location of Heidi’s body remains a mystery,” Assistant Commissioner for Investigations Paul Basham said.
“David Tamihere is the one person who can help bring closure to Heidi’s family.
“Our message to him now remains the same as it has been for more than two decades:
“You know where Heidi’s body rests and her family has suffered enough.
“Tell us where to find Heidi, and help give her family the closure they deserve.”
‘I didn’t do it’
David Tamihere told 1News he wasn’t surprised by the Court of Appeal decision and maintained his innocence.
“I didn’t do it and I’ve been arguing – I believe, as the years have gone by – the Crown’s case has gone down the gurgler.”
One of New Zealand’s most high-profile cases
When Höglin and Paakkonen disappeared in 1989, it sparked New Zealand’s largest ever land search.
Tamihere, who had previous convictions for manslaughter and sexual violation, was in the area at the time – on the run from police having skipped bail.
He admitted to stealing the young couple’s car – but has always denied killing them
A timeline of one of New Zealand’s most notorious crimes
Swedish backpackers Urban Höglin and Heidi Paakkonen disappeared in Coromandel and David Tamihere admitted taking their car.
Swedish backpackers Urban Höglin and Heidi Paakkonen disappeared in Coromandel and David Tamihere admitted taking their car.
When he was found guilty of the double-murder in 1990, neither body had been found. Paakkonen’s never has been – but Höglin’s body was eventually discovered one year after the trial, in 1991, more than 70 kilometres from where police claimed he had been killed.
Tamihere’s defence argued moving the body that far didn’t make sense. There were other disputes too.
Tamihere’s counsel, James Carruthers, argued in court last year that the Crown prosecutors in the 1990 trial had “routinely called on fabricated prison informant evidence to prop up contentious eyewitness identification evidence”.
During the original trial, police used testimony from three inmates – including convicted murderer Robert Conchie Harris, who claimed Tamihere had admitted to sexually abusing the Swedes before killing them.
In 2019, Harris was found guilty of perjury.
Crown counsel Rebecca Thomson last year reiterated the Crown’s acknowledgement that the original case should not have used testimony from Harris – but said it does not change the guilty verdict for Tamihere.
Eyewitness evidence from trampers who claimed they saw Paakkonen with Tamihere at the murder scene was also questioned.
Tamihere’s lawyer said the connection was only made after they joined the search party and saw the media coverage.
But Thomson rejected Tamihere’s denial.
“This court can be positively sure of Tamihere’s guilt based on what was presented at trial,” Thomson said. “Only he can be the killer.”
