PUNSTER TRIAL Cross-Examination Of Girl

Press, Volume CVI, Issue 31236, 7 December 1966, Page 3

PUNSTER TRIAL Cross-Examination Of Girl

(N.Z. Press Association)

AUCKLAND, Dec. 6.

The cross-examina-tion continued today of Janine Makuruk, the 21-year-old former fiancee of James David Dunster, on trial for the murder of his mother. She admitted she began keeping company with a married man soon after she broke off her engagement to Dunster last July. She also admitted that Dunster saw her with Harry Fox, an employee of the land agency where she worked, the Saturday after the engagement was broken off. Dunster, aged 19, is on trial before Mr Justice Hardie Boys and a jury on a Charge of murdering his mother, Mrs Lyle Fraser Dunster, aged 52, in her Herne Bay flat on August 24. The Crown case is conducted by Mr D. S. Morris. Mr J. F. W. Dickson, with him Mr M. D. Robinson, represent Dunster. To Mr Robinson, Miss Makuruk said She was still going out with Fox. Mr Robinson: Did he (the accused) tell you at any time that he didn’t want you to go out with Mr Fox?

Miss Makuruk: Not to my knowledge. Did he tell you Mr Fox was a married man? —I know that myself. Did the accused tell you Mr Fox was a married man? —Yes.

Did the accused say he wanted you to go back to Sydney to get away from Mr Fox? —I can’t remember that.

Answering a question from his Honour about the relevancy of this evidence, Mr Robinson submitted it helped to account for the conduct of the accused.

IBs Honour: I suggest you try to limit the crossexamination to the effect upon the accused. Mr Robinson: Was Mr Fox separated from his wife at this stage?—Yes, he was. Now the accused. I think, really loved his mother didn't he?—Yet.

And he loved you also?— Yes.

Re-examined by Mr Morris, Miss Makuruk said Brian Jacobsen, an employee of the land agency, took a number of photographs of her.

She said Jacobsen was a keen photographer and took photographs of her face. She understood Jacobsen was to send these photographs to two magazines for publication.

PARTY AT OFFICE Brian Arthur Jacobsen, a real estate salesman, said Miss Makuruk had dinner with him and his wife in July. Dunster telephoned the house several times, presumably to check on Miss Makuruk’s presence. Later, he took some photographs of Miss Makuruk in Charles Belton’s office. On July 19, the staff had a few drinks at the office after work to celebrate Miss Makuruk’s birthday. Dunster arrived and was invited in. There was some convivial talk, some of which upset Dunster. One staff member said jokingly that if he was 20 or 30 years younger, Dunster might have a run for his money.

This seemed to anger Dunster, but he took no action. At about 11.40 a.m. on August 24, Dunster entered the office kicking the door open “very violently.” He pointed a shotgun at Miss Makuruk and fired it. She screamed and ran into the manager’s office. Jacobsen said that in the panic he went toward the manager’s office and saw three or four persons in there. He thought they would look after her. He went back to her desk because he knew she kept a police telephone number on a card there.

“EXPECTING TROUBLE” He said he knew the number was there because Miss Makuruk had been expecting some trouble. He picked up the telephone. In the back room Miss Makuruk was screaming. Unexpectedly Dunster came in a second time, and went straight to the back of the office.

He heard a second shot. While Dunster was on his way out he said: “Keep still, Brian” or “Behave yourself, Brian,” and pointed the gun at him.

To Mr Robinson, Jacobsen said he was aware Dunster and Miss Makuruk were engaged. Mr Robinson: Would you agree that the accused was in love with Miss Makuruk? —I would say he was extremely jealous. Because he was in love? —I don’t know about that.

Jacobsen said the police telephone number had been by Miss Makuruk’s desk since the day after the office party was held for her. That would have been five weeks before August 24. Mary Ann Foord, a medical secretary, said Dunster had been in Oakley Hospital for four weeks just before August 24. She believed he had been released from the hospital the Monday before August 24. At 12.20 p.m. on August 24, Dunster arrived at Oakley in a taxi. When she first saw him he was distressed, crying and leaning on a wall, said Mrs Foord. He kept repeating: “I’ve killed my mother and my girl-friend.” He said he shot them. He kept saying: “Oh, my God.”

Mrs Foord said she asked him if he would like to be admitted and he said he would.

When he emptied his pockets he gave her five blue cartridges. To Mr Robinson, Mrs Foord said that when Dunster arrived he was distraught. Dantua Pollard, a medical officer at Oakley Hospital, said she saw Dunster at 12.25 p.m. on August 24, he was sitting weeping and repeating: “I have killed my mother. I have killed my girl-friend. 1 set the house on fire.” He was agitated, distressed and tense. He got up and paced the room saying: “What have I done, what have I done.”

BOUGHT FURNITURE John Ranger Ryan, said he owned the shop in Jervois road opposite Mrs Dunster’s flat. He had known Mrs Dunster and the accused for about five years. He also knew Miss Makuruk. Occasionally she bought groceries from the store.

On August 24, the day Mrs Dunster died, Ryan said he first saw Dunster when he drove up to the flats in a taxi. Dunster entered the shop.

took three bottles of turpentine from the shelf and held them up to indicate that they should be put on his mother’s account, said Ryan. He then entered the block of flats, then later came out and re-entered the shop. Ryan went with him to the back of the shop where Dunster told him: “I have killed my mother.” Dunster said “Phone or ring the police,” and walked out, Ryan said. He telephoned the police. He identified three turpentine bottles produced in Court which had the price of the turpentine in his writing on the labels. To Mr Robinson, he said Dunster was upset when his engagement to Miss Makuruk was broken off. Detective Senior-Sergeant W. H. Shanks said that at 11.40 a.m. on August 24 he went with a party of police to Charles Belton’s real estate agency. After a short stop he drove with Inspector B. Wilkinson to the Dunster flat. He forced a locked door to the flat, which was full of dense smoke, and was present when the fire brigade arrived. He helped to carry the body of Mrs Dunster from the flat. He then went to Oakley Hospital, where he met accused. On the way to the police car he heard Dunster say: “What have I done? What about my mother?” Told his mother was dead, the accused said “Oh God, I didn’t want to kill her. I didn’t want to kill my mother.” Donald Frederick Nelson, of the Chemistry Division of the D.5.1.R., said he had fired test shots with the gun and considered that the neck wound was caused from a range of two or three feet, and the chest wound from two to 2t feet. The hearing will continue tomorrow.