Kidnapping evidence enormous — Crown

Press, 1 June 1985, Page 6

Kidnapping evidence enormous — Crown

PA Wellington Paul and Karen McFelin would have been convicted of kidnapping an Oamaru schoolgirl, Gloria Kong, even if she had not given evidence at their trial, the Court of Appeal was told. Appearing for the Crown, Mr Tim Gresson said there was an “enormous volume of evidence” to support statements made by other witnesses, apart from the testimony of Gloria Kong. The two-day hearing, before a Full Court of five judges, ended yesterday. It focused on the questioning of Gloria Kong under hypnosis and the appellants’ claim that the hypnosis finned her evidence to their disadvantage. The hypnosis was not revealed until after the McFelins had been convicted. t An Oamaru brother and T sister, Paul Francis McFelin, aged 31, and Karen Mary McFelin, aged 25, appealed against their sentences in the kidnapping case. Gloria Kong, then aged 14, was taken at gunpoint from - her home near Oamaru on June 29, 1983, and a 1120,000 ransom was

sought from her parents. Two men, DaVid Larnach and Paul George, pleaded guilty to charges relating to the kidnapping and were jailed for seven years and 5% years respectively. Paul and Karen. McFelin pleaded not guilty and were sentenced in April last year to 11 years and 6% years respectively. The Court comprised Mr Justice Cooke (presiding), Mr Justice McMullin, Mr Justice Richardson, Mr Justice Thorp, and Sir Thaddeus McCarthy. Appearing for the appellants were Mr David Fitzgibbon (Christchurch) and Mrs Lorraine Smith (Auckland). Mr Gresson (Timani) and Mr Graeme Pearson (Wellington) appeared for the Crown. On the opening day of the hearing, Mrs Smith said the appellants claimed that the hypnosis could have reinforced the events of the kidnapping of Gloria Kong’s mind so that in court she appeared as a confident and certain witness. Evidence she had given had corroborated, some of the : evidence bf , 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,” she said. Mr Fitzgibbon denied Mr Gresson’s claim that the McFelins would have been convicted without Gloria Kong’s testimony in court. He said it was “simply not correct.” The issue of Gloria Kong’s hypnosis had wider effects than the case in question, Mrs Smith. said. It raised issues of the public’s confidence in the police. The Court yesterday also heard an appeal against the sentenced imposed; on the McFelins, and a cross-ap-peal from the Crown on the sentence imposed on Karen McFelin. “' " Mr Fitzgibbon said he agreed that Paul McFelin, as the recognised planner of the kidnap, deserved a longer sentence than his sister, but it should not have been as great as it was. , The Court reserved decision on all appeals.