Jury to consider murder trial verdict today

Press, 9 May 1980, Page 5

Jury to consider murder trial verdict today

The jury will retire this! Morning to consider its verdict in the High Court trial' of two young men jointly charged with the murder of a youth after a chance en-l counter between members of two motor-cycle groups. Mr Justice- Somers will sum up when the trial resumes.

Stephen James Gunn, aged 20, an apprentice fitter, and Kerry Alfred Sampson, aged 24, unemployed, have pleaded not guilty to a joint charge of murdering lan Francis Hampton, aged 19, on December 21.

The Crown alleges that Gunn stabbed Mr Hampton through the heart in Braddon Street, Addington, and that Sampson aided and abetted him.

Messrs P. G. S. Penlington and D. J. L. Saunders appear for the Crown, Mr M. A. Bungay, of Wellington, and Mrs J. Gibson for Gunn; and Messrs D. C. Fitzgibbon and K. J. Osborn for Sampson. In his final address Mr Penlington said that it had been proved that Mr Hampton had not started the

! confrontation which tnded: ;in his death. It was Gunn I who first aimed blows at Mr i Hampton on the motor-cycle and it was he who had Ipushed the knife into Mr Hampton’s body. The evidence clearly showed that Gunn had not used the knife in selfdefence and the use of the knife in the circumstances was more force than was necessary even if it were self-defence. Gunn had not been in fear for his life Or of grievous bodily harm so the defence of self-defence failed. Gunn’s story was not credible and should be rejected out of hand. Why was he carrying a knife on that night? The Crown had proved its case against both accused.

Sampson was the aggressor and an active participant in what took place. He went out of his way to confront the two persons on the other motor-cycle, Mr Penlington said. Mr Bungay said that Gunn had stood up to 64 minutes

: of skilled cross-examination and his testimony had been ■ unshaken. His evidence was corroborated in several im- ! portant aspects. The path- ■ ologist, Dr Kelleher, had said that there had been a ' struggle and Mr Hampton ; and Gunn were close together when the injury was in- : flicted. When Gunn got on the motor-cycle outside the British Hotel he thought he was : being taken back to Lincoln ■ Road where the gang head- ■ quarters was. He was not a : member of the gang and had only arrived in Christchurch : from Dunedin a few hours i Gunn was in a desperate ; situation when his crash hell met was twisted and the i strap tightened around his throat and restricted his

breathing. His nose was bleeding and his eyes were watering when on the spur of the moment he took out the knife to jab his attacker in the arm. The Crown had failed to prove any murderous intent on Gunn’s part. There was

no hatred in his heart against Mr Hampton. There could be only one just verdict and that was one of not guilty, Mr Bungay said. Mr Fitzgibbon said that there was no evidence on which Sampson could be found guilty of murder or any other offence. Gunn had said in evidence that Sampson did not know he had a knife and was not aware there had been a stabbing until some time after the event.

If the jury was to consider that Sampson was guilty simply because he was a bikie that would be an absolute traversty of justice. The Crown claimed that Sampson had encouraged Gunn but the evidence was to the contrary that he tried to pull him away from Mr Hampton. ■

-This chance encounter was not. an expedition to murder as the Crown would have the jury believe. The only possible verdict in Sampson’s case was one of not guilty, Mr Fitzgibbon said.