Robbery trial witness declared hostile

Press, 3 May 1984, Page 4

Robbery trial witness declared hostile

A woman witness who suffered an almost total loss of memory was declared hostile by Mr Justice Roper in the High Court yesterday during the third day of the trial of Alistair John Barr, aged 32, on a charge of aggravated robbery. Barr has denied a charge of participating in the largest bank hold-up in New Zealand’s history, which occurred at the Bank of New Zealand at Lumsden, Southland, on March 17, last year.

Barr is charged that with another man, who is not named, that while armed with a revolver he robbed Lewis Graeme Steele of $106,722. Messrs G. S. Noble and R. H. Ibbotson appear for the Crown and Mr D. C. Fitzgibbon and Mrs L. O. Smith for Barr.

Nora Mary Brady, of Blenheim Road, after giving her telephone number, told Mr Noble that she could not remember what she was doing in March, last year. She did not know if she was employed as a masseuse. Ms Brady said that she did not work now because she was a solo mother and just “looked after my kid.” She did not know what jobs she had last year. His Honour: Why is that you cannot remember?—l was involved in a car acci-' dent and I had head injuries, and I cannot remember much. Asked when the accident occurred, Ms Brady said that she was not too sure. She was unable to remember if it was before or after she gave evidence at the taking of depositions in the District Court at Invercargill. It was a long time ago. Shown a deposition, Ms Brady was asked if it was her signature at the foot of each page. She did not think that she could remember giving evidence at Invercargill. She was unable to identify the signatures on the deposition as hers. They were a bit like her signature but she did not think that they were. On the application of Mr Noble, Ms Brady was declared hostile and he was given leave to crossexamine his own witness. In reply to questions, Ms Brady said that she had been in Princess Margaret Hospital because she remembered being ' discharged. It was some time during 1983. Asked where the accident occurred, Ms Brady said that she was not sure but thought that it was near Christchurch Hospital. She was in her car which was being driven by a friend, Julie Wilson. Because Ms Wilson had moved witness did not know her address. She could not remember her' address at the time of the accident. “I believe I am just wasting my time, your Honour,” Mr Noble said, resuming his seat. Detective Ronald William Shannon said that he was one of six detectives who executed a search warrant on premises occupied by Ms Brady in Blenheim Road. They found a number of parts from a motor-cycle which had been stolen. John Patrick Lynch, a

labourer, of Lumsden, said that he had known Barr for about five years. On the Tuesday before the bank robbery at Lumsden on March 17, Barr visited his home, as he had done on numerous occasions. Barr said something about getting a job as a caretaker at a place on the Devil’s Staircase, Wye Creek, around the lake. In

the days that followed he spoke to Barr a number of times. The robbery was on the Thursday.

About 8 a.m. on the Saturday, Barr arrived at his home and told him that his wife, Kay, was going to Queenstown with the children. He wanted a lift to Invercargill. “I was supposed to be playing rugby that afternoon but while Alistair was there there was a message to say that John McDouglass, the publican, had been killed and the rugby was cancelled, so I took Alistair down to Invercargill myself,” Mr Lynch said. There Barr bought a Valiant car from Ross Kelly and paid $l5OO in cash for it. He next saw Barr when he was staying at the Ascot Hotel, in Invercargill. To Mr Fitzgibbon, Mr Lynch said that it was nothing unusual to see Barr in rental cars, which he changed frequently. It was not remarkable that Barr bought the car with cash. He always had a lot of cash on him. About 1978, Barr had won something like $200,000 in a lottery. Mr Lynch said that he was aware that Barr was a heavy punter and that he had a safe at his home. He also knew that Barr had been a bookmaker or a bookmaker’s agent in the past.

On the Saturday, he had taken Barr to the property he occupied in Chelmsford Street and there were clear marks of running shoes on the window-sill. Barr said words to the effect: “The cops have been here again.”

Later at the bus station, Barr told him that the police were hounding and harassing him over the robbery. He had spent the night at the Ascot Hotel because he could not put up with any more at home. The police had been around continuously and he wanted a break from them. Barr told him that the police had offered him a bribe or money for information on the robbery. They had told him that they did not think he did the robbery but was involved. Barr said that he did not give the police any information because he did not know anything to tell them, Mr Lynch said. Barr told him that during the week a lawyer, Peter Williams, of Auckland, had been in Invercargill on a court case. Barr said that he had been to see Peter about getting an order to stop the police harassing him. “As we drove out to the Ascot Motel, all the way Alistair was complaining about what the police were doing, about the hard time he was getting. He said he had had a gutsful. As we went along the road he pointed out plain-clothes de-

tectives’ cars which were following him,” Mr Lynch said to Mr Fitzgibbon. Mr Lynch said that when he was interviewed by the police the detective tried to say that he (witness) was involved in the robbery with Barr. The police told him that he knew the bank and they would make things difficult for him.

Was it said to you by the police that they were going to get Alistair Barr by fair means or foul?—By hook or by crook, but I cannot remember who said that.

“I do remember being told that they had found a shotgun that had buckshot in it and they were very angry about it. They said: ‘lt is just not on. We are going to get that fellow by hook or by crook,’ ” said Mr Lynch. Kevin William Mulqueen, managing operator of Northern Milk Supplies, of Lumsden, said that about 11.5 a.m. on March 17 he was driving a milk truck on State highway 94 when he was passed by a motorcycle. It was a large Japanese machine with two persons on it.

The motor-cycle was travelling pretty fast on a fairly bad comer near the railway crossing. The pillion passenger was hunched over and the motor-cycle passed a car coming from the opposite direction on a oneway bridge. At first the motor-cycle appeared as if it was going to stop but then it carried on to the bridge past the car. A car passed his truck after it went over the bridge, Mr Mulqueen said.

“Soon after the car got off the bridge it seemed to stir up a lot of stuff off the road further on. When I got there, there was money blowing all around. I stopped and gathered up some of the dollar notes,” said Mr Mulqueen.

Stuart Sutherland was standing at the entrance to his house and was holding a motor-cycle crash helmet visor. He also had some of the money.

Further up the road Mr Mulqueen said he found another stack of dollar notes; They were made up in a bundle. He handed all the money to the police at Te Anau before continuing on to Mossburn.

Shona Margaret Sutherland, who lives in the Lumsden area, gave evidence of finding dollar notes on the side of the road and in a paddock. Later, she handed the notes she had found to the police. Stuart Allan Sutherland, a wildlife ranger, and husband of the previous witness, said that on the morning of March 17 he and his wife were loading sheep on to a truck in a paddock. They lived on the LumsdenMossburn highway. He noticed a motor-cycle go past at high speed. Two persons were on it. A little later he picked up a visor off the road and put it on the back of his truck. The visor had a piece of black adhesive tape along the bottom of it. He handed it to the police. As he drove up the road he saw a bundle of $2 notes sitting on the white line and he gave them to the police, Mr Sutherland said.