Hypnosis used on kidnap victim

Press, 30 May 1985, Page 4

Hypnosis used on kidnap victim

PA Wellington The kidnapped schoolgirl, Gloria Kong, was questioned under hypnosis) on several occasions in the' presence of a police officer,(the Court of Appeal heard yesterday. Defence lawyers were not aware of the questioning under hypnosis) until after four persons been convicted and imprisoned on charges related- to the 1983 kidnapping, a Full Court of five judges was told. An Oamaru brother and sister, Paul Francis McFelin, aged 31, and Karen Mary McFelin, aged 25. are appealing against their sentences in the kidnapping case. I Gloria Kong, then aged 14. was kidnapped at gunpoint from her home near Oamaru on June 29, 1983. A $120,000 ransom was sought from her parents. Two men, David Larnach and Paul George, pleaded

guilty to charges relating to the kidnapping and were sentenced to seven years and s‘i years jail respectively. Paul and Karen McFelin pleaded not guilty and were sentenced in April last year to 11 years and 6Vz years jail respectively. The court comprises Mr Justice Cooke (presiding). Mr Justice McMullin, Mr Justice Richardson, Mr Justice Thorp, and Sir Thaddeus McCarthy. Mr David Fitzgibbon (Christchurch) and Mrs Lorraine Smith (Auckland) appear for the appellants. Mr Tim Gresson (Timaru) and Mr Graeme Pearson (Wellington) appear for the Crown. Mrs Smith argued that the issue of hypnotising potential witnesses was an important one and said no case law or clear directives from New Zealand courts existed. The hypnotism on

Gloria Kong had been done by Dr Paul Merrick, of the University of Otago's psychology department. No evidence of his qualifications to do the work was available, she said.

A transcript of the questioning under hypnosis was available, but not a transcript of what discussions took place beforehand, she said. They could have been important. Ideally, a videotape of the questioning should have been made so that not only what was being said but any relevant gestures by the questioner or the police officer present could have been recorded.

Mrs Smith said the appellants' claim was that the hypnosis could have reinforced the events of the kidnapping in Gloria Kong's mind so that in court she appeared as a very confident and certain witness.

Evidence she had given had corroborated some of the evidence of David Larnach and Paul George. "The jury would have inevitably been affected and assumed for themselves that Larnach and George must be telling the truth about the McFelins, as well as everything else.” Mrs Smith said. This would have worked against her clients, the McFelins, she said.

The sentences are being appealed against on several grounds, including alleged misdirection of the jury. The appellants also claim the trial judge failed to direct the jury in sufficiently strong terms as to the accomplices involved in the case, and that the admission of the confession of Karen McFelin by the judge was wrong in law. or otherwise was a wrongful exercise of judicial discretion.

The Crown says that

there are insufficient grounds to order a new trial and that no miscarriage of justice occurred because the defence did not know of the use of hypnosis. Statements made by Gloria Kong were consistent, except in two details, with other statements she made to the police and in court, they say.

Opening the Crown’s case late yesterday afternoon, Mr Gresson said Gloria Kong had shown she had excellent recall. He said a substantial body of circumstantial and direct evidence existed to implicate Paul and Karen McFelin, apart from the evidence of the accomplices. Apart from two details, Gloria Kong had been consistent in her account of the kidnap proceedings from the time she was questioned within hours of her escape. The appeal hearing will continue todav.