Brother ‘goaded’ paraplegic to kill

Press, 31 October 1984, Page 4

Brother ‘goaded’ paraplegic to kill

A paraplegic man, aged 34, accused of murdering his brother by fatally shooting him in the chest, said when interviewed by a detective that his brother had goaded him into shooting him and that if he could have stood up he would have punched his brother instead. Evidence was given in the District Court, yesterday, that the defendant, Kevin John Mullaly, a sickness beneficiary who is confined to a wheelchair, said he had used the .303 rifle to take his anger out on his brother, after they had argued. His brother asked him to shoot him when they were arguing and he did so. He “saw the light go out of him,” and tried to get help. After hearing statements of evidence from 17 prosecution witnesses Messrs R. C. Holland and H. J. Walker, Justices of-the Peace, committed the defendant for trial to the High Court on a charge of murdering Trevor Raymond Ambrose Mullaly, aged 30, at the defendant’s home in Acheson Avenue, Shirley, on the evening of September 17. Mr K. N. Hampton, who appeared with Mr A. N. D. Garrett for the defendant, reserved his decision. Bail for the defendant was continued at $2OOO in his own recognisance, with two sureties of $l5OO each. Mr G. K. Panckhurst appeared for the police. A pathologist, Dr L. L.

Treadgold, gave evidence of making a post mortem examination on the deceased. He found death to have resulted from a bullet wound to the upper abdomen, and chest. Detective R. W. Mitchell gave evidence of being called to the defendant’s house, finding the defendant inside, in his wheelchair, in a distraught condition and repeating: “Oh God, I’ve shot my brother.”

He asked the detective to check on his brother’s condition and when told that he was dead the defendant became even more distraught, and tearful and said he had not wanted to kill him. The defendant said that before the shooting they had been arguing over nothing — "just rubbish.” Trevor had told him to shoot him. The defendant told the detective that he and his brother, who lived with him, had gone to a cinema that afternoon after drinking several beers. After the screening they again went to a hotel and the defendant left to do some business. On his return he found his brother was drunk. A friend drove them home and on the way his brother had said he would “do" the defendant with his fists. The defendant said that his brother was drunk and he was “tiddly.” At his house he was in a bad mood because of his brother’s attitude to life.

His brother did not want to get ahead, or to work. He had not had a job for 10 years. “I was trying to improve Trevor, to improve his life. He was sloppy. I asked: Don’t you want anything out of life?’ and he said, “What the ... for.’ One thing led to another,” the defendant told Detective Mitchell. The defendant said Trevor asked him to shoot him. He often used to say he wanted to die and that he would shoot himself but he . did not have the guts to do so. “He asked me tonight to shoot him, when we were arguing, and I shot him,” the defendant said. He had used the rifle to take his anger out on his brother. His brother had brought the rifle to him and then the bolt, and ammunition. “He had then yelled out, 'Go on, then,’ and I did,” the defendant said. “I saw the light go out of him. I tried to get help.. “I was hoping he was still alive but I think in the back of my mind I knew he was buggered.” He could not feel a pulse and then went down the ramp outside his house to seek help from a neighbour. The defendant told Detective Mitchell he did not mean to shoot his brother. It was just “angry stupidity.” He had used the rifle, instead of his fists.

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