Supreme Court Young Man Faces Charge Of Manslaughter

Press, Volume XCIX, Issue 29268, 28 July 1960, Page 11

Supreme Court Young Man Faces Charge Of Manslaughter

Thinking his brother’s 12-bore shotgun was unloaded, John Arthur Campbell, a floor sander, aged 20, had pointed it at a 19-year-old friend, about six feet away, released the safety catch and pulled the trigger, a jury in the Supreme Court was told yesterday. Campbell pleaded not guilty to a charge that on May 10 at Christchurch, he unlawfully killed John Winston Blampied, aged 18, a shop assistant, thereby committing manslaughter. Mr Justice Macarthur was on the Bench. Mr C. M. Roper appeared for the Crown and Mr B. J. Drake for Campbell Evidence for the prosecution had been concluded when the Court adjourned until today. Mr Drake said he would call evidence for the defence.

On May 10 the accused and his brother, Garnet Maxwell Campbell, aged 19, had decided to go duck shooting at the Waimakariri river- after , they finished work, said Mr Roper, opening the case for the Crown. Garnet Campbell went home to his flat in Barbadoes street, which he shared with Blampied. He collected his gun, decoys and waders and the accused arrived about 4.40 p.m. Blampied had not arrived home when the two brothers left.

They went out to the south branch of the Waimakariri, set out the decoys but had no luck and did not get a shot. It was almost dark when they decided to go home, said Mr Roper. The decoys were collected. Garnet Campbell waited on a stopbank while accused went Jo get the van. Accused unloaded his shotgun. Garnet Campbel] left his loaded as he thought he might get a shot at a duck. The gear was put in the back of the van. The guns were in the front. Garnet Campbell held his gun, still loaded, so the barrels would not knock together and possibly damage both guns. Garnet Campbell’s gun had the safety catch on. On arrival back at the flat, accused carried in Garnet Campbell’s gun and went in ahead of his brother. Garnet Campbell put the gear at the back door of the flat, facing the street. Beard A Shot Garnet Campbell heard a shot and a scream, Mr Roper said, and rushed inside. He saw Blampied doubled up in the corner of the kitchen farthest from the door. Evidence would be given that the accused had the gun under his right arm when he fired a shot. A second shot was fired when the accused threw the gun away from him, possibly as the gun hit the floor, said Mr Roper. Mr Roper said the gun, exhibited in Court, was a 12gauge, double-barrelled shotgun of Belgian make. It was hamjnerless, and was loaded manually when the breech was broken. Closing the breech automatically put the safety catch on. The safety catch had to be pushed forward to “off” before the gun could be fired. Garnet Campbell would say that as far as he could remember the safety catch was on when his brother took the gun. Expert evidence would be given that the shotgun was in excellent mechanical condition. Tests showed Blampied had been four to six feet away. Garnet Campbell would say that the accused said to him: "Why the hell did you leave your gun loaded?” Garnet Campbell had replied there was no time to discuss that and telephoned for an ambulance. Blampied at this stage was just conscious. It was found that Blampied was dead on arrival at the hospital. He had been shot in the left side of his abdomen.

! The accused had telephoned the police but, in his understandably upset condition, had said the flat . was in Colombo street instead of . Barbadoes street Accused later . rectified his mistake, said Mr . Roper. Police Interviews When the police arrived at the I flat, the accused told them that » he walked into the flat with the I gun in the crook of his right arm. . The gun must have caught or ) knocked against the doorway and ' gone off. He did not know it was loaded. The accused said in a written statement on that day. May 10: - “As I walked in the door, the gun ; was under my right arm and pointing at Blampied. Next thing the gun went off. John

reeled back and collapsed to the floor.” The accused in his statement added that there had been no skylarking with the gun. On May 24, the police again saw the accused and he repeated his explanation. On May' 25, the police saw the accused again and he said ... “I was fooling with the gun. I did point the gun at Blampied."

On May 30, Mr Roper said, the accused made a long statement to the police. He said Blampied, standing in front of the fire, asked him if he had got any ducks. Accused said no. Accused asked Blampied if there was any tea and Blampied replied there was only one meal prepared. “I had raised the gun while I was talking. Then I released the safety catch and pulled the trigger. I do not remember saying anything more,” the accused said in this statement, Mr Roper told the jury. He said the Crown contended that the accused, by a combination of unlawfully presenting a firearm and failing in his lawful duty to take reasonable precaution in the handling of a dangerous thing, had committed the crime of manslaughter. Under section 18 of the Arms Act, 1958, it was an offence to present a firearm at any person, whether it was unloaded, Mr Roper said. Garnet Maxwell Campbell gave evidence along the lines of the prosecutor’s opening. Blampied was a tall, slight youth, 6ft lin tall. The accused had met Blampied on previous occasions and the two got on well together. To Mr Drake, witness said the accused (his brother) was on very good terms with Blampied. When accused at the Waimakariri said he was going to unload his gun, witness did take it as a hint that he should unload his. It was unusual for people not to unload guns after finishing shooting. Witness almost invariably unloaded his gun after shooting. The shotgun (produced) had two triggers, one forward of the other, each operating one barrel, said James Stewart Cromte, a police sergeant and arms and ballistics officer.

“The trigger pressures are safe. The safety catch functions perfectly and the shotgun is in very good condition,” witness said. He described tests in which the gun was bumped and dropped from varying heights and angles. He could not make the gun discharge accidentally, with or without, the safety catch applied. Constable N. E. Walker said the accused was very distressed when he arrived at the flat. Accused nearly broke down 10 minutes later when it was known that Blampied had died. He saw the accused on May 24, 25 and 30, said Detective-Ser-geant F. G. Pine. Accused at first repeated his story that the gun had bumped against something. “On May 25, to my questioning, accused said he pointed the gun at Blampied and that he had pressed the trigger. I then warned him. On May 30, I warned him again and he was charged making a statement,” witness said.

To Mr Drake, witness said that the accused at all times said he had not known the shotgun was loaded and that the shooting was an accident.