Evidence Completed In Murder Trial

Press, Volume CIV, Issue 30804, 16 July 1965, Page 17

Evidence Completed In Murder Trial

(From Our Own Reporter)

GREYMOUTH, July 15. . Evidence has been completed and Counsel have addressed j the jurj in the trial of Brian James McGuinness, aged 17, a miner, °f Dunollie. who is charged with murdering his father, ratrick Edward McGuinness, aged 45, a miner, in the hallway j of their family home, Somerled avenue, Dunollie, on April 18.

The first witness today, De-tective-Sergeant J. P. Crozier, said he interviewed the accused at his home. Crozier read a statement made by the accused in which he said his father had arrived home drunk about 6 p.m. Later his parents went out to a party. They arrived home about 11.45 p.m. “I heard a bang and heard mum crying and knew dad was knocking her about. I said to myself: ‘Oh no. not again.’ This went oh for about 15 minutes,” said the statement.

The statement said the father came into the ac cused’s bedroom and argued ; with him for a few minutes. 1 ‘‘The way he was going onj made me really mad,” said the statement. “He went! back to his bedroom and started arguing with mum | again. I could stand it no longer so I got out of bed.! got my rifle, loaded it and! went out into the passage onl my way to their bedroom. “Dad came out and when 1 thought he was going to I grab me I fired the rifle from! the hips from a distance of! two to three feet. The reason 1 did it was that I could not! stand him knocking mum i about any more. It has been i going on ever since 1 can re-’ member. I used to bottle! things up, but could stand it; no longer. I regret killing him, and wish now I had not done it."

Addressing the jury, the Crown prosecutor, Mr D. J. Tucker, said the question of death by accident had been raised by the defence and by the accused himself. If the jury accepted the accused's story about being unable to recollect events subsequent to the shooting it was quite clear he was guilty of manslaughter through negligence. It was important that the jury should remember that the oral statements made by the accused were detailed and

there was no mention of the, word accident. The accused man stated he had no recol-! ! lection of what was said. Counsel submitted that it! was a clear case of culpable homicide and intent to kill.; , If it was culpable homicide under provocation then it was a case of manslaughter. For the accused, Mr J. D. i Cadenhead said he hoped the i! jury would bring in a verdict; of not guilty. He submitted! that the Crown’s evidence fell! /short in respect to both mur-! der and manslaughter. :

The accused had been lying in bed. listening to the vio'lence of the row and to his, j mother being manhandled. He • could stand it no longer so! got out of bed with the intern! tion of frightening his father, not killing him. He wanted to! feel that his mother was safe.; When his father lunged at him the rifle went off accidentally. ; Counsel submitted the ! Crown had not proved beyond reasonable doubt that the ac-; cused had intended to kill his ' father.