Self-defence plea in murder trial

Press, 8 May 1980, Page 2

Self-defence plea in murder trial

A young man said in evidence yesterday at his trial in the High Court on a joint charge of murder that he had not intended to kill or seriously injure another motorcyclist, whom he allegedly fatally stabbed.

He said his intention was to make the other man let go of his helmet, because he could not breathe. . The accused, Stephen James Gunn, aged 19, an apprentice fitter and turner, of Dunedin, was giving evidence on the third day of the trial in which he is charged jointly with Kerry Alfred Sampson, aged 25, unemployed, of Christchurch, with the murder of lan Francis Hampton, aged 19. The defence opened yesterday afternoon after the Crown prosecuter (Mr P. G. S. Penlington, Q.C.) closed the Crown’s case, in which 22 witnesses were called. The trial is before Mr Justice Somers and a jury. The Crown alleges that Gunn stabber Mr Hampton in the heart and that Sampson aided and abetted him, after a chance encounter between members of two motor-cycle groups, who had been drinking at different hotels, on the evening of December 21. Mr D. J. L. Saunders appears with Mr Penlington for the Crown.

Mr M. A. Bungay, of Wellington, with Mrs P. D. Gibson, appears for Gunn. Mr D. C. Fitzgibbon, with Mr K. J. Osborn, appears for Sampson. ■

Mr Bungay, opening the defence case, submitted to the jury that Gunn had acted in self-defence. Gunn had ho control over

his movements that evening because he was a pillion passenger on Sampson’s machine. In a struggle after the motor-cycle stopped outside 32 Braddon Street his helmet was twisted, with the chin strap choking him, and he feared for his own safety. When another person grabbed him from behind he took out his knife, intending to prick or push the knife into Hampton’s arm to make him release his grip. With two men pushing and pulling him in each direction he had no control over his body movements and it was purely by chance that he inflicted a wound in Hampton’s chest. Gunn said in evidence that he had travelled from Dunedin to Christchurch. He called at the Lincoln Road motor-cycle gang headquarters and was invited .by Sampson to go with others to a hotel at Lyttelton for the evening. . • >. Gunn said that in Disraeli Street Sampson’ pulled up alongside another motorcycle. The pillion passenger on this machine stuck an arm out at Gunn. As Sampson’s machine was about >to stop at the Braddon Street house a person approached “at a fast walk.” Gunn said he got off the machine so as not to be pulled off, and to be in a position to defend himself. Mr Hampton was then hit on the leg by another machine and lost his, balance. Gunn moved to avoid the machine as it drew away, and was then grabbed by his jacket. He gave evidence of the struggle which ensued, in which he said his helmet was

being pulled or pushed so' that the chin strap was bearing tightly on his throat, restricting his breathing. He was also punched and his nose bled. He was desperate and got out the knife to stab' his assailant in the arm to make him release the helmet. He did not intend to kill or seriously injure him, only to make him release his grip. He did not realise he had stabbed him at all. When he left the scene on the back of Sampson’s motor-cycle he did not think that he had hurt anyone, Gunn said. He still had the knife in his left hand. Sampson had chased another motor-cycle but he had no control over that. As they pulled up alongside the other machine he had not threatened anyone with the knife. He had not had a chance to put it away because he was hanging on with his other hand. It was hot until 9 a.m. the next day that he knew he had injured anyone when'he heard it on the radio? . Gunn said that he had not gone to the police because he was not thinking clearly. He had telephoned his parents and arrangements were made to see a solicitor, On the spur of the moment he had thrown the knife out of the car window, somewhere between Christchurch , and Rangiora, ’ j ’ To Mr . Penlington, Gunn admitted that he had made no effort to look for the knife. He was an apprentice fitter and turner at the Dunedin railway workshops and he used .the knife in his work. Gunn was still under cross-examination by Mr Penlington when the Court rose.-