Retrial ordered in attempted-murder case

Press, 30 November 1978, Page 10

Retrial ordered in attempted-murder case

PA Hamilton After nine hours of deliberation a jury in the Supreme court at Hamilton found a man not guilty on one charge of attempted murder and failed to agree on the second charge.

Richard Herburt Oliphant, aged 37, appeared before Mr Justice Bisson and a jury on charges of attempting to murder his wife and her lover.

Oliphant was found not guilty on a charge of attempting to murder a man whose name was suppressed. but the jury failed to agree on the other charge and a retrial was ordered. The accused was released on $lOOO bail and surety of $lOOO to February 5. Conditions of bail are that he reside with his brother and report to a police station. Mr C. Q. M. Almao prosecuted for the Crown and Mr E. O. K. Blaikie was counsel for the accused.

Lillian Mary Oliphant said she had been married to the accused for 19 years, and they had five children. For 18 months before the incident she had been having an affair with the complainant and had told her husband, she said. Each Friday evening she, the accused, and the male friend would drink together at the Buffalo Lodge or the Eastside Tavern. An argument would develop and Oliphant would go home, leaving them, Mrs Oliphant said. Nett iay the and her

husband would discuss the matter and she would promise not to see her lover again. Then the next v.eek the same situation would occur again. On September 9, Oliphant and his wife went to the lodge. Then she left with a female friend to go to the nearby tavern where they met the other complainant. The women returned to the lodge and he followed.

Shortly after 9 p.m. the group went to the home of the woman friend and sat there until an argument developed between Oliphant and his wife. He struck Mrs Oliphant, then left the house. She said he returned shortly after and grabbed her by the shoulder and pushed her down. Then she felt “something sharp.” As she got up she saw her husband was holding a knife.

Mrs Oliphant received a cut 3cm long and scm deep just below the left breast.

A struggle then took place between Oliphant and the male complainant who received a 2cm cut to the top of his left thigh.

Then Oliphant threw the knife to the floor and went home and rang the police. Mrs Oliphant said she loved her husband and had always loved him. She had visited him regularly during his 14 weeks in custody. Sergeant M. H. Thomas said he received a telephone call from Oliphant at 9.20 p.m. Oliphant said he had killed his wife. Oliphant kept repeating

he had killed his wife and said she was a slut, Sergeant Thomas said. Oliphant had told the police he was at home and had given his address. At the Hamilton police station he made a statement and was taken into custody.. Oliphant said ‘in his statement he loved his wife, “very much” and “didn’t want to rubbish her in any way.” After repeating that he had stabbed her, he said he did it because he loved her. "The only thing is that I failed, I wish she was dead,” Oliphant is alleged to have said. “He’s a bastard, he’s been hanging around her for years. I have given her all the chances in the world, this time she’s got it,” the statement said. Detective R. F. Curry said Oliphant kept saying he wished he had killed his wife. When asked where the knife was he said he hoped it was in the male complainant. The Crown closed its case and Mr Blaikie did not offer any evidence.