The courts Two for trial on murder charge

Press, 7 December 1985, Page 7

The courts Two for trial on murder charge

Two men in the District Court yesterday were committed for trial in the High Court on a joint charge of murder.

Mr G. K. Panckhurst, for the Crown, submitted that it had been an efficient, rapidly conducted, execu-tion-type killing in a tavern bar in which both accused acted in concert.

The accused are Wally Awatere, aged 28, a scrub cutter, and Andrew McGlynn, aged 18, unemployed. They were jointly charged with the murder of Edward Ivan Nelson, aged 34, at the Woolston Tavern late in the evening of September 27.

After a two-day preliminary hearing, Judge Fogarty held there was sufficient evidence to commit both men for trial. He remanded them in custody pending a date for trial in the High Court. Messrs G. R. Lascelles and G. F. Orchard appeared for Awatere and Mr M. J. Knowles for McGlynn. Miss K. P. McDonald appeared with Mr Panckhurst for the Crown, which called 30 witnesses.

The remaining prpsecution witnesses gave evidence yesterday.

The accused were identified by witnesses as having gone to the tavern, with other Black Power gang members, and to have followed Mr Nelson into the far end of the bar. Five shots were then said to have been fired, and Mr Nelson was fatally injured. The two accused then left

the tavern, along with other members of their group. The shooting was said in earlier evidence to have occurred after a young woman gang member had argued with a woman who was in Mr Nelson’s company in the tavern. A pathologist, Dr J. H. Pettit, said a post-morten examination showed that Mr Nelson’s death resulted from multiple gunshot injuries and rupture of the heart.

Guy Alexander Brown, a scientist employed by the D.5.1.R., said he analysed spent cartridge cases taken from the bar floor, and one taken from a car. In every instance the firing pin marks and bolt-extractor marks were identical, indicating that all were fired from the same weapon. Nicholas Edward Clark, a junior member of the Black Power gang in Wellington, said he had gone with Awatere and McGlynn from the national marae to the Woolston Tavern. He did not see them much inside the tavern, and then left the bar and met them in the carpark. There was then a big bang which must have been a gun, and the windscreen shattered.

Awatere said to McGlynn: “Look what you did to the window.” He did not say anything more until they turned on to Ferry Road, when he told McGlynn he “should not have shot him.” Charles Allan Schooner, a plastics welder, gave evidence of seeing the Black Power members, including the accused, arrive. A woman in their group stared at Miss Emmalina Wiparata. Mr Nelson, who had been with Miss ■Wiparata, went to the far end of the bar and the two accused left the group and followed in his direction. Mr Schooner said he turned to drink his beer and then heard “thumps and bangs” and turned back to see Mr Nelson had been knocked to the floor, and was slowly getting; up. He thought they were just having a fight. The witness then heard five shots in rapid succession, and saw the two accused walking quickly back through the bar. McGlynn was holding his hands across his chest.

They joined other members of their group and all left the tavern, smashing a few doors as they went out.

Mr Schooner said he saw Mr Nelson, who was being attended by Miss Wiparata and others. He then telephoned the police.

Detective W. R. Mitchell said he investigated the shooting incident, and found six spent cartridge cases, which appeared to be of .22 calibre, near Mr Nelson’s body in the bar.

Other police evidence was that a Zephyr car, with a bullet hole in the windscreen, was found parked in England Street on the morning after the shooting. A spent bullet case was found in the car. A machete was found behind the fence of a property in the same area.

Two detectives gave evidence of the accused being

questioned after they had called at the. police station the day after the shooting. They were accompanied by their solicitors. They generally made replies of “no comment” to questions. Mr Knowles reserved his defence. X.‘

Mr Orchard submitted that there was insufficient evidence to ' r . commit Awatere for trial,for murder or manslaughter. He made legal submissions about this, and also submitted that the charge could not be substantiated on the evidence. There was no evidence to suggest that Awatere knew that Mr Nelson was in the tavern. There had been no discussion or planning of an attack on him, and no evidence that Awatere knew that a gun would be used “in pursuit of whatever the objective of the principal might be.” There was quite powerful evidence that Awatere was not expecting an attack of the nature that occurred, Mr Orchard submitted. Mr Panckhurst submitted that both men had acted in concert in what was “an execution, if you like” of Mr Nelson. It had been carried out efficiently and rapidly, out of view of most patrons in the bar.

The Judge said he was not unmindful of Mr Orchard’s submissions. However, he was satisfied there was sufficient evidence to put both men on trial for a jury to weigh up on the totality of the evidence.