Jurors unable to inspect house

Press, 5 December 1979, Page 4

Jurors unable to inspect house

When a busload of jurors and cars containing Mr Justice Casey and counsel arrived outside 7 Bayley Place, Spreydon, late yesterday morning for another view of the house where Peter Haimona was allegedly murdered in the early hours of Friday. ’July 13, it was found that the house was occupied by a woman and her young children. No inspection was made of the premises. The trial of five young men jointly charged with the m irder of Mr Haimona. a 26-year-old railway worker and' part-time security guard ended its twelfth day yesterday. The trial began on November 19 and it is now expected that the jurv will not consider its verdict until Friday, The hearing of all evidence has been completed and the Crown’s final address to the jury will be given today. Messrs B. McClelland, Q.C., and B. M. Stanaway appear for the Crown. The accused are Matthew Morgan King, aged 20, unemployed (Mr L. M. O’Reilly); Wayne Edward Gush, aged 23, unemployed (A r K. N. Hampton); Anthony Joseph Johnston, aged 22, a laminator (Messrs P. G. S. Penlington, Q.C., and R. A. Osborne); Russell James Pirie. aged 24, unemployed' (Mr R. L. Kerr); and Ray- ' mond Barry Bradley, aged

19. a moulder (Mr M. J Clue). The jury, his Honour anti counsel inspected the house in Baxley Place in the early stages of the trial and ves: .dax was to have beer their second view of the premises. Bradley said in evidence that he was a moulder em ployed by Burgess and Storey, Ltd. During the week ending Friday, July 13. he was off work with influenza. On Thursday. July 12. he xvas feeling better and he drove around town with his friend, Earl Marko, who lived in Cuba Street, Linwood, next door to Wayne Gush. After drinking beer at Mr Marko’s place he xvas leaving about midnight xvhen Johnston and Gush came across the road and asked him to take them to Bayley Place. He did not know where that was. He understood that they were going there to give ‘‘some guy a hiding.” He told them he was low on petrol and Gush replied that he xvould get some. When he saw a rifle and other weapons being put in the van he got scared because he had not bargained for that. He never considered the possibility of anyone being shot when he agreed to take the group and if he had he would have refus, i and gone straight home. Bradley said that he

thought ihat the were there merely for -care tactics. All those who travelled in the van had crash helmets, excep: for himself. Johnston and Gush gave him directions where to go. Ihe van was parked on Domain Terrace near some trees a hall and a telephone box Gush told him to wait by the van. As the group left they said something about going in the back wax. While he waited for them to' come back he worked on th® petrol pump of the van. They came running back, leaped in the van and told him to get moving. Bradley said. On the wav back isomeone said that thev had "wasted this guy” and he 'took it to mean that they had given him a hiding. When he (Bradley) saw ithe others getting into the 'van with firearms he was afraid but he thought that the rifle was being taken for scare tactics. He considered that the weapons would only be used for self defence, but he never asked them what they xvere going to do with them. Bradley agreed that crash helmets were funny things to wear when someone was going to a "punch-up” but he thought they were worn for protection, not disguise. King had the rifle. When Mrs Hill said on oath that she had seen him in the bedroom at 7 Bayley Place when Mr Haimona was shot she was mistaken. Bradley said that he was not present when Gush testfired the sawn-off shotgun the day before and he did not know how a spent shotgun cartridge came to be found in his van. He had never heard members of the group threatening to ‘‘chop this guy’s hands or ears off.” Gush had never said within his hearing; "We ought to get a medal for having wasted that black bastard.” He did not know that a man had been killed until he read it about midday on the Sat. urday, Bradley said.