McPhee Sent For Trial On Charges Of Murder

Press, Volume CII, Issue 30079, 13 March 1963, Page 16

McPhee Sent For Trial On Charges Of Murder

(New Zealand Press Association)

WELLINGTON, March 12.

Bruce Douglas McPhee, aged 27, a toolmaker, pleaded not guilty at the conclusion of evidence in the Magistrate’s Court, at Lower Hutt, today to charges that he murdered James Thomas Richardson and Bryan Leslie Schultz, both police constables, at Lower Hutt on February 3 and Mr J. R. Drummond, S.M., committed him to the Supreme Court for trial. Mr W. R. Birks appeared for the Crown, and Mr W. V. Gazeley for McPhee.

The first witness called today, Graham Robert Stevenson, a boilermaker, at 6 Herbert street. Mid that at about 5 pm. on February 3 be heard a shot He looked out of bis bedroom Window and sew a police car outside 7 Herbert street The passenger in the car, shot through the bead, was leaning against the middle door-post There was blood coming hom his head. A second later the other shot was fired and the driver leaned over to the other side. Stevenson said he saw the impact of the shot on the police driver.

He heard only two shots. The engine of the car was still going. He could bear it because of the quietness after the shots had been fired.

After the shooting he went through the front door and saw McPhee, wearing a black woollen bush singlet and brown tweed trousers and slippers, standing on the path.

McPhee did not have anything in his bands. He told Stevenson that if he did not get inside he would be shot. Stevenson said he then went inside and up to an attic because he thought McPhee might come Into the house.

After four or five minutes he came down and telephoned the Lower Hutt police. When he got back to the front of the house a second police car bad arrived and McPhee was fighting with two boarders On the ground.

Cross-examined by Mr Gazeley, Stevenson said that when be first went outside McPhee was alone on the path. Neither of the two boarders was there.

He had known McPhee for about two years. He would not have expected McPhee to make threats and in Stevenson’s view McPhee was not normal but he was not drunk.

“Not Fooling” To Mr Birks Stevenson said that McPbee appeared to ba wild and anyone looking at the car would see that “he wasn’t fooling.” lan Mervyn Moore, an ambulance driver, told the Court that as he turned into Herbert street be saw a police car parked by the kerb. Two constables in the vehicle were both slumped forward. He opened the door and saw a bullet wound approximately half an inch below the left side of one man’s jaw. The man in the passenger’s seat was slumped forward and when he opened the door the constable fell against him, said Moore. When his examination was completed he put the constable back in approximately the same position. He then went round to the other side and checked the pulse and respiration of the constable on that side. He was low in the seat with bls head slumped forward, said Moore. Moore said the car’s ra-lo

was switched on. so he called the Lower Hutt police. While be was examining the first constable McPhee came out.

“ThM will leach you towel! come after me,” McPhee yelled at the police car. Moore said McPhee then turned back towards the bouse and was stopped by one of the boarders. Died Instantly

Alexander Stuart King, a medical practitioner, said he first examined the policeman in the passenger’s seat, then the driver. Both were deed and it was obvious both deaths were instantaneous. Douglas John Mawson, a police constable stationed at Lower Hutt, said about S.lO p.m. on February 3 he went with another constable to 7 Herbert street.

Just before he was handcuffed, McPhee said, “Don’t break my arm.” On arrival at the station McPhee said: “I'm sorry, boys.” McPhee seemed to be sober although he had been drinking. He could smell liquor on his breath. Mawson said.

David James Dwan, a detective senior-sergeant, said a person sitting in an armchair in the front room of McPhee's house could use the window sill as a rest for the rifle. Two marks on the sill lined with the hole in the rear passenger window of the patrol car. The distance from the sill to the patrol car was about 31ft 6in. He took possession of a rifle. It was cocked and the safety catch was off. The next day he took from the bedroom a halffull flagon of beer, and boxes of cartridges from the bedroom and the glove box of a car parked in the drive of the house. Later he recovered bullet fragments from the floor of the patrol car. Violence Alleged Roger George Emery Winter, a detective, said he took McPhee to the police station. The only thing McPhee said until Detective Sergeant Mlt-

chell arrived about 8.20 pm. wts to repeat three or four times: "I’m sorry, mate.” Cross-examined by Mr GaZley, Winter said he saw no marks of violence on McPbee when he took him to the station.

About 5.44 p.m. he left McPbee in a room with two constables when he was called away for about 90 seconds. On his return he noticed McPhee had a discolouration about the mouth—“a slight reddening”—and there was "a slight bleeding” from the left side of his mouth. Winter said he had not thought at the time there was any reason to inquire about this and had not thought so since.

Mr Gazley asked if it was customary at the Lower Hutt police station to administer violence to a man whose hands were handcuffed behind his back. “No,” said Winter.

Mr Gazley: Obviously a blow was administered. It was not self-administered? Winter: I don’t know. Did he bite himself?—l don’t know. As he returned to the room the two constables, Constables Ravelich and Gregory, were leaving. Winter told Mr Gazley. McPhee had said nothing about the bleeding or discolouration. Evidence Suppressed Owen Marshall Mitchell, a detective sergeant, said he was the officer investigating the case. He had warntJ McPhee, and told him he was not obliged to say anything. McPhee had agreed to a psychiatric examination. The Magistrate suppressed publication of part of Mitchell’s conversation with McPhee, and also a statement McPhee allegedly made to the police on the night of February 3. Mitchell said he saw no sign of physical violence to McPhee, who had appeared sober and in possession of his faculties.