'Maskedmen tied and gagged pharmacist, wife’

Press, 2 September 1981, Page 4

'Maskedmen tied and gagged pharmacist, wife’

An Oxford pharmacist and his wife gave evidence in the District Court yesterday of being bound and gagged by two masked men, one armed with a rifle, after they had been made to open the shop's drug cabinet and fill a bag with drugs “from the top shelf." The evidence was given during the hearing of depositions of evidence of prosecution witnesses in a charge of armed robbery against Nicholas John Shirley, aged 23. unemployed. The defendant has elected trial by jury on the charge of robbing Christopher James Wallace when armed with an offensive weapon, a firearm, on July 6.

• The hearing was adjourned to tomorrow by Messrs R. C. Holland arid J. H. Christensen, Justices of the Peace, after an application had been made by the prosecutor (Sergeant W. J. McCormick), for a witness to be declared hostile in relation to his testimony given on oath. The application was heard in chambers and was adjourned for further submissions to be made. Mr G. E. Langham appears for the defendant. The defendant was remanded in custody to tomorrow. On two other charges, of using class B-controlled drugs. methadone and cocaine, on or about July 6, he was remanded on bail to November 16. In relation to the armed robbery charge, Mr Wallace and his wife, Dianne Margaret Wallace, gave evidence of watching television in the residential portion of their pharmacy about 9.20 p.m. on July 6. Their infant son was also with them, having awakened just before. The doorbell rang and Mr Wallace said he answered it

as he normally did for a late prescription. He was the only pharmacist in the area. As he opened the door it was pushed in by a man who held a jemmv bar over his head. He entered the house and was followed by a shorter man holding a sawnoff rifle. Both men wore balaclavas 'which had mouth and eye holes.

The man with the rifle said they wanted drugs. Mr Wallace accompanied the two from the dining room to the pharmacy. He was asked to open the drug cabinet and was handed an old pillowcase or flour bag. They asked for everything on the top shelf. The drugs included pethedine, morphine, codeine, methadone, codeine phosphate and a variety of other compounds which were not narcotics but which were dangerous poisons. They also asked about syringes, but none were taken. Once they had the drugs the men debated what they should do, and decided they should tie up Mr and Mrs Wallace. Mr Wallace said they objected because of their baby who was at the crawling stage. The men took the couple to their bedroom and asked them to lie face dowm on the floor. However, Mrs Wallace jumped on to the bed with the baby, and she and Mr Wallace were tied up on the bed. Their hands and feet were tied with insulation tape and some of Mr Wallace's ties were also used. The two were also gagged. The baby was between them on the bed but at the couple's request the men placed him on.the floor. They then left, after turn-

ing out the lights. They said they wouid telephone the police after 20 minutes, because of the baby. Mr Wallace said he heard the noise of a “smaller-type" car leaving. Mr Wallace said that as* soon as the car left he rolled off the bed and crawled to the door but could not reach the door handle. Mrs Wallace managed to sit and stand up and was able to turn and use ner hands to open the door. Mr Wallace then rolled and crawled to the doorway to the dining room and Mrs Wallace opened this door in the same fashion and got a knife from the kitchen drawer and cut Mr Wallace’s gag off and also dialled the 111 emergency number for police help. Mr Wallace said a footprint. which was not made bv anybody in his household, was found in the driveway the next morning. Patricia Lynn Whinwray; a housewife,' gave evidence" of knowing the defendant, and having told him early in July. that he could wear her running shoes if he wished. She made this, offer because he had only jandals to wear at; the time. A footwear consultant. Dennis Clifford Taylor, said, he examined a plaster cast’ of a footprint and considered it was made by a jogging shoe which he was also asked by police to examine. Cross-examined, he agreed that the type of shoes, and soles, could be manufactured in their thousands. John Robert Sharman, a toxicologist at Christchurch Hospital, said a sample of the defendant’s urine, taken when he was in the hospital's intensive care unit on July 10. showed on analysis the presence of methadone and cocaine.