SUPREME COURT Youth denies charge of attempted murder

Press, Volume CXII, Issue 33093, 7 December 1972, Page 21

SUPREME COURT Youth denies charge of attempted murder

The trial of Michael Ewan McKenzie, aged 17, an apprentice carpenter, on alternative charges of attempted murder of a police constable, Vincent Paul Nolan, at Ashburton on September 15 and wounding Constable Nolan with intent to cause grievous bodily harm began in the Supreme Court late yesterday afternoon before Mr Justice Roper and a jury. McKenzie, who is represented by Mr R. G. Sinclair, of Ashburton, has pleaded not guilty to both charges. Mr N. W. Williamson, with him Mr G. K. Panckhurst, appears for the Crown. The trial is expected to take three days. Opening the case for the Crown, Mr Panckhurst said that when the accused shot a constable in the Ashburton police station he had been acting out a challenge made by others. It was an act of bravado. The seeds of the accused’s behaviour had been sown when he was driving about in a car with other young persons earlier in the evening. The accused had asked to be taken home because he had something to do. Questioned by the other occupants of the vehicle, the accused had said that he was “going to shoot a cop.” The reaction of the others had been one of mirth — they had laughed. “CHALLENGE SET” After the initially impulsive statement was made, the accused probably would not have appreciated the reaction he got from his friends. In effect, a challenge had been set when the others laughed, Mr Panckhurst said. Dr Werner Paul Hirsch, a surgeon attached to the Ashburton Hospital, gave evidence that he examined Constable Nolan about 11 p.m. on September 15, after he had been admitted as an emergency patient Constable Nolan was conscious but was in a lot of pain and was shocked. There was a large wound in his lower left chest and upper abdomen. Lead pellets had caused numerous punctures in the skin surrounding the wound. Some of the ribs were broken, and there were eight or nine perforations in the bowel. The diaphram had been detached from the chest wall, the chest cavity was open, and the lung had collapsed. The spleen was lacerated and contained several

pellets. The skin surrounding the wound had powder marks on it.

In the opinion of witness, the injuries were consistent with the discharge of a shotgun within about 4ft of the patient. Witness said that he performed an emergency operation on Constable Nolan that night. John Patrick Dwyer, aged 18, a freezing worker, said that on the evening of September 15 he went to Rakaia in Laurie McCormick’s car. There Were seven persons in the car, including the accused. At Rakaia, witness bought two dozen quart bottles of beer.

On the return trip to Ashburton, the occupants of the car drank two or three bottles of beer each. The accused went pale, said that he did not feel too good, and was going to do something stupid. When asked about this, accused had replied that they would read about it in the papers in the morning. Accused asked the persons in the car if they had a rifle. They all said no. Accused said that he might shoot someone. After obtaining fish and chips, accused was taken home. CROSS-EXAMINATION To Mr Sinclair, witness said that he had not worked that day and had had a few beers before going to McCormick’s place. They were drinking beer in the car on the return trip to Ashburton. The muffler fell off, and they stopped on the side road and drank beer. The seven persons in the car drank the two dozen bottles. Those in the car had not laughed at the accused when he had said that he was going to shoot someone, but someone had said: “You must be mad.” There had been no talk of police during the whole episode, witness said. Rhonda Helen Chapman, aged 15, a schoolgirl, said that she was one of those who went to Rakaia in the car. After getting fish and chips in Ashburton, they went for a drive to Tinwald. Accused had asked to be taken home because he felt sick. Asked what the matter was, accused had replied that he had something to do. When asked what, accused had replied: “I am going to shoot a cop.” “Laurie (McCormick) said: 'I am not going to take you home then.’ The accused

said: ‘Go on. I feel like doing something mad. I feel sick.’ I noticed he was pale in the face; and we dropped him off at home just after 10.15 p.m.,” said witness. To Mr Sinclair, witness said that accused had been talking in a funny way and

was saying unusual things. She thought it was funny because it was not like accused. When accused said that he was going to “shoot a cop” they had all grinned because they had not taken it seriously. No one had challenged the accused to do so.