Court told of ‘bad blood’ between brothers

Press, 3 May 1983, Page 3

Court told of ‘bad blood’ between brothers

PA Auckland Two youths shot, the brother of one of them then dumped his weighted body into a tidal estuary, the High Court in Auckland was told yesterday. The Crown prosecutor, Mr David Morris, was opening the Crown case against Steven John Forsythe, aged 18, of Manurewa, who pleaded not guilty to a charge of murdering his brother, Tony Graham Forsythe, on July 7. Dennis Phillip Oxley, aged 18, of Manurewa, also denied the murder charge. He also pleaded not guilty to a second and alternative charge of being an accessory after the fact of murder by helping to dispose of the body. Addressing the jury, Mr Morris said that “bad blood” had existed between Steven Forsythe and his brother, Tony, at the time of the alleged murder. This had become evident later when Steven Forsythe told the police that his brother constantly “put him down” in front of friends.

Steven Forsythe said that Tony had once knocked him to the ground. As a result, Mr Morris said, Steven harboured feelings of deep resentment toward his brother, and it was that feeling which had led to the killing.

Mr Morris said it was alleged that Forsythe shot his brother in the head on July 7, as he slept in a rented at Gienbrook.

He said it was the Crown contention that Oxley had been aware of Forsythe’s intention, had helped to select a weapon and had held back a Doberman puppy so it would not alert Tony Forsythe. Almost three weeks later, another Forsythe brother, Kenneth, reported the death to the police. He related what the two defendants had told him.

The body had been placed in the boot of a car with two weapons, said Mr Morris.

The body, he said, was weighted with concrete blocks and wrapped in bedclothing then dumped into a tidal estuary. The two firearms were thrown into nearby creeks. The police found the body as described and a postmortem examination showed that Tony Forsythe had been shot in the head.

Kenneth Forsythe, it was said, was granted immunity from any prosecution by the Solicitor-General.

When interviewed by the police later the two defendants confirmed the shooting. However, Steven Forsythe claimed that the rifle had “suddenly” gone off while it was pointed at his brother. Mr Morris said Oxley had denied playing any part in the shooting. He said the claim by the two youths was untrue and that the crucial issue was their intentions at the time of the incident.

Mr Morris also told the jury that when Tony Forsythe had been reported missing by his mother on July 13 the accused had set up a “false trail” when interviewed by the police. He said that they had suggested reasons why Tony Forsythe might have disappeared.

Mr Justice Thorp is presiding at the trial which is expected to last a week.

Counsel for Forsythe are Mr Kevin Ryan and Mr C. J. Field. Appearing for Oxley are Mr G. V. Wardell and Mr I. D. Tucker. Mr Duncan Percy is also prosecuting for the Crown.