GRAVE CONCEALED BY LOGS, JURY TOLD

Press, Volume CVI, Issue 31142, 19 August 1966, Page 3

GRAVE CONCEALED BY LOGS, JURY TOLD

(New Zealand Press Association)

AUCKLAND, August 18. A detective described in the Supreme Court at Auckland today how he found the grave of Mrs Anne Elizabeth Kievit while probing the banks of the Oratia stream at Henderson on May 14.

Detective-Constable Bryan Francis McKenzie was giving evidence at the trial of Kenneth Mervyn McKay, aged 36, a truck driver who faces a charge of murdering Mrs Kievit at Henderson on May 2.

The hearing is before Mr Justice Gresson and a jury. Mr G. D. Speight, with him Mr K. Palmer, is conducting the Crown case. Mr P. A. Williams and Mr K. Ryan are appearing for McKay. McKenzie said he was probing soft ground underneath fallen logs just above the Oratia stream on May 14 when a fork struck an object about six inches below the surface. “When I removed the soil surrounding the object 1 found a human foot,” he said. Coat Found Chief Inspector C. J. L. Matheson said that on May 5, with Detective-Sergeant Mills, he found a raincoat, a pair of men’s gym boots and two pairs of socks near the stream.

He also recovered a pair of gumboots with strips of rubber missing from the tops. A further search produced the missing strips of rubber, each with the name “Miss Kievit” on them

A bicycle pump, with its top protruding from the mud, was recovered along with an airline bag. In a hole under a bank a singlet, a pair of men’s trousers and a pair of rubber gloves were found. To Mr Williams, witness said he had not interviewed a man named Bob Taylor i the course of his inquiries. Witness said he attended the funeral of Mrs Kievit. While he was there a man who called himself Taylor approached him and asked if the inspector wanted to see him.

Witness said that he replied that he did not. McKenzie said he had timed how long it took to cycle from Mrs Kievit’s home at 15 Seymour road to the gap in the hedge near the end of Station road. It was five minutes. Mr Williams: Referring you to a “Star” newspaper report on May 7 alleging the find of a pair of men’s shorts showing blood stains —I know nothing of these. What about an axe?—l know nothing of this either. Fingerprints Detective-Sergeant M. H. Dedman said he took fingerprints at Mrs Kievit’s house and a fingerprint from the body of Mrs Kievit in the Auckland mortuary. Mr Williams: On your Investigation of the bicycle and the three knives have you found any fingerprints of the accused McKay?—No, sir. Detective-Sergeant. R. A. McCrory, in charge of the Hastings C. 1.8., said he had taken charge at the Henderson search area from May 7 to 17. He was responsible for giving exhibits and other evidence to pathologists. On May 14 he excavated the grave found on the bank of the Oratia stream. With him were Dr. Cairns, a pathologist, and Dr. Nelson, of the D.S.LR. Creeping plants covered the top of the grave, but they were loose and not growing in soil. The soil was quite well packed down over the body and he excavated the grave with his hands so the earth could be closely examined.

After excavation the depth of the grave varied between 11 and 17 inches. The toes of the body were covered by only two or three inches of soil. The width of the cutting edge of a spade head produced in Court corresponded with an implement mark on one side of the grave. There were other implement marks

around the grave, but these were only fragmentary.

Searched Wash-house Detective W, G. Gilliam said that on the evening of May 5 he searched the washhouse at accused’s home. He found a man’s shirt soaking in a basin. McKay, who was present, said the shirt was his.

Witness also found a pair of grey trousers which were damp below the knees and had some mud on them. Accused told Detective-In-spector Stevenson he did not own the trousers. His mother, who was present, said: “But you have worn them, Mervyn.” Accused agreed that he had worn them but said the trousers belonged to a friend with whom he went eeling, witness said. Entered Bond Eleanor May Winder, married, a clerk employed by the Justice’ Department, said that on April 6 she was acting as clerk at a sitting of the Magistrate’s Court in Auckland. In proceedings on a complaint by Mrs Kievit, McKay was ordered to enter a bond to keep the peace and not to molest or assault her. John Barry Anderson, a doctor, of Henderson, said McKay was a patient of his and he had seen him on four occasions. He last saw accused on Sunday, May 1. McKay had a sore throat and witness treated him for it. Witness said he thought it was “trivial”. Otherwise McKay appeared perfectly normal but was “perhaps on the pale side.” . Witness said he gave McKay a sulfa drug for the sore throat. This would have been most unlikely to interfere with his normal sleeping. Witness said McKay’s condition did not require him to remain in bed or stay away from work.

On March 19, said witness, he had an urgent call saying a man had collapsed. He saw McKay for the first time. McKay had a “flu-like infection” but there was “fairly considerable hysterical overlay.” McKay was conscious and was coherent and incoherent at times.

“Will Kill Them”

Noeline Ruth Vink, married, said she knew McKay “and had met Mrs Kievit.” On one occasion she had seen McKay on a bed ill at Station road. Some of the words she could hear him say were: “I will get them.

I will get them. I will kill them,” or something like that.

Witness said she later saw McKay at a training course one night and he was invited to her place for a cup of coffee.

McKay was “quite talkative” and spoke of Mrs Kievit. Witness remarked on McKay’s sweater and he said it was not his, “They (the police) have got mine.” He said the police had said they had a statement from a witness who was on the railway bridge the day Mrs Kievit went missing and also a statement from a woman about three houses away who said she saw him in his pyjamas the same day.

“Then he said the police said they had a knife of his with his fingerprints on,” said witness. “I said, ‘Don’t be silly. If they did have you’d be picked up.’ He said, ‘I wore rubber gloves’.”

She said that after this she got rid of him.

In cross-examination witness told Mr Williams that she had attended scientology meetings for some years.

Mr Williams: Doesn’t scientology have one or two principle matters which a scientologist aims at?—The general idea is to help the able to be more able. This often involves a sacrifice of morality does it not? — Not to my knowledge. I suggest to you that the scientologist at high levels will make any sacrifice for his or her own advancement?— Well, I have been in it several years but that is not what I understood.

Would you tell an untruth to better your own position? —No. I don’t think so. I might have done as a child.

This evidence you gave about this man saying “I wore rubber gloves”: Mr Cathie was present?—Yes.

Under Suspicion

Witness said she heard Cathie say in the Magistrate’s Court that he did not hear it.

Mr Williams: McKay at this stage was under suspicion by the police was he not?—l think so.

He was in fact being trailed about the town?—He told Mr Cathie to lose the police car when he came back to my flat because it was trailing him. Witness said that when thev walked into the flat past an old-fashioned copper McKay said: “That will be a good place to hide a body.” Witness said she had been seen by the police before that night. Mr Williams: And did the police tell you words to the effect, “You are one of his close associates, see if you can get something from him?”—l am not one of his close associates and they never said that at all.

Witness said the police came to see her about 10 minutes after McKay and Cathie had driven away. The hearing will continue tomorrow.