Timaru manslaughter trial begins

Press, 1 June 1977, Page 4

Timaru manslaughter trial begins

PA Timaru The trial has begun In the Supreme Court, at Timaru, of James Ngatipo Broughton, who is charged with the manslaughter of Pamela Theyers in Timaru on February 19. Broughton, aged 19, a shed hand, Of Timaru, has pleaded not guilty to the charge. He is represented by Mr E. 0. Sullivan and Mr J. R. McGlashan. Mr T. M. Gresson appears for the Crown. The hearing is before Mr Justice Casey and a jury of 11 men and one woman.

In his preliminary address, Mr Gresson submitted that evidence would be given to show that on the night of February 19, the deceased, the accused, and three others were watching a gangster film on television. Mr Gresson said that on that night the deceased, the accused, Reginald Biddle, Graeme Pollard, and Karen Morris were at an address in York Street, Timaru. *

They drank beer and listened to the stereo for a while, he said, and then watched television, ‘’and on television that night was a film called ‘Dillinger’ which had a Jot of shooting in it,” he said.

“Whilst the film was on, Broughton decided to show Mr Pollard wo guns. He came out of the bedroom holding two guns and pointed one at Mr Pollard, and pretended to shoot like the gangsters on television,” Mr Gresson submitted.

Broughton then sat on the couch beside Karen Morris, and then got up and went and fetched some cartridges. He put one in the gun and commenced to flick it out several times. “After this the deceased asked him how it worked, and he said it didn’t go off unless .the hammer was pulled back,” Mr Gresson said. The deceased told him that if he was going to shoot the gun he. should do it outside, and as he

went outside he was talking about shooting it up in the air. The deceased was sitting in a chair by the door at this stage, Mr Gresson said. After she made an indication to him to point the gun at himself, he turned around and the gun was pointing at her. The gun was fully loaded and cocked at this stage. It went off, and the deceased was shot in rhe chest. The accused then immediately dropped the gun and attempted to render assistance. When the St John Ambulance arrived seven minutes later she was dead, Mr Gresson said.

“The Crown does not allege the accused deliberately or intentionally killed the deceased. If that was the case, he would face a more serious charge. “The Crown, in essence, submits that it was because of carelessness in the way he handled the gun that Pamela Theyers was killed.”-