Man shot 4 times in back—evidence

Press, 25 February 1986, Page 4

Man shot 4 times in back —evidence

After two women associates of rival gangs indulged in a staring match and there was a challenge “to come outside and fight,” a man was shot four times in the back.

He was probably dead before his body hit the floor of the Woolston Tavern, as one bullet penetrated his heart, Mr Justice Holland and a jury were told in the High Court yesterday. Wally Awatere, aged 28, a scrubcutter, and Andrew Peter McGlynn, aged 18, unemployed, members of the Black Power gang, have pleaded not guilty to a joint charge of murder.

They have denied murdering Edward Ivan Nelson, aged 34, just before closing time in the Woolston Tavern on September 27 last year. The trial is expected to finish on Thursday. Thirty-seven witnesses are being called by the Crown. Mr G. K. Panckhurst and Miss B: J. Draper appear for the Crown; Messrs G. R. Lascelles and G. F. Orchard for Awatere and Mr M. J. Knowles for McGlynn. Awatere has pleaded not guilty to a charge of being a party after the offence of murder by assisting McGlynn to leave the scene to enable him to avoid arrest

Beginning his case, Mr Panckhurst said the charges arose out of a fatal shooting at the Woolston Tavern.

Mr Nelson had spent the greater part of the day drinking at the tavern, having arrived about lunchtime. He was with Emalina Te Aroa Wiparata, who was involved with the Mongrel Mob, and two other women. They were drinking in the corner by the juke box.

There were no untoward incidents throughout the afternoon and

evening until shortly before closing time, when Debbie Marie Daniels came into the bar, with members of the Black Power gang, which was banned from the Woolston Tavern. There was a confrontation between Daniels and Wiparata, including a staring match noticed by other patrons. Daniels challenged Wiparata "to come outside for a fight,” but she declined because she was pregnant.

1 Black Power members moved over to support Daniels and one of them, McGlynn, appeared to be armed. He was carrying a gun beneath the front of his clothing. Wiparata became concerned at the developments and told Mr Nelson that she wanted to leave. She was upset and wanted to go home.

Mr Panckhurst said that evidence would be given that McGlynn, Awatere, Daniels and other members of the Black Power gang had been at the national marae in Pages Road, and left to go to the Woolston Tavern in two cars. One contained McGlynn, and was driven by Awatere. The group entered the bar through the foyer, and the confrontation took place between Daniels and Wiparata. Mr Nelson went to use the telephone in the outer bar, which was closed and deserted.

He was followed by McGlynn and Awatere. One patron saw McGlynn lift up his T-shirt and the patron observed that he had a firearm underneath it.

Words were exchanged with Mr Nelson, who paused and looked back over his shoulder. The witness, who had glanced away, heard a thump and looked back to see Mr Nelson getting to his feet. McGlynn moved to the rear of Mr Nelson, while Awatere stood facing him.

About five or six shots rang out and Mr Nelson collapsed to the floor and did not move. As the two accused went towards the foyer McGlynn was seen carrying something across the front of his chest.

They were joined by other Black Power members. Windows were smashed as they left the tavern. They drove off in the two cars at high speed. '

The Crown said that Mr Nelson was shot four times in the back by McGlynn with a .22 rifle while Awatere was confronting him. One of the bullets penetrated Mr Nelson’s heart and lung, and death would have been almost instantaneous.

McGlynn and Awatere’s car was abandoned, and recovered by police the next day. Six spent cartridge cases were found at the scene.

Throughout the night the police searched the city for the Black Power members but did not find them. At 11.45 a.m. the following Saturday McGlynn and Awatere arrived voluntarily at the Central Police Station with their counsel, Messrs Knowles and Lascelles.

After refusing to answer any questions, McGlynn and Awatere were arrested on a charge of murdering Mr Nelson, said Mr Panckhurst.

A boy, aged 14, said that he, his brother and mother lived in a flat at the Woolston Tavern. On Friday evening, September 27, he was watching television when he heard a noisy car go into the tavern park.

When he went into the back yard, he saw the vehicle with its motor still running. Four Maoris got out of the car, stood talking for a moment, then walked towards the bar door.

He was standing on a railing looking over the

top of the fence. A second car arrived. A man who got out of the Zephyr car was carrying a longish object across his chest but he could not see what it was. The witness ducked down so that they would not see him.

The boy said he went into the bottle store, and a little later heard shots.

Nicholas Edward Clark, aged 18, a gardener, said he was a member of Black Power in Wellington, before moving to Christchurch. On Friday evening, September 27, he went with Awatere and McGlynn from the national marae to the Woolston Tavern. At the tavern he talked with a man at the bar for a short time. He did not see Awatere and McGlynn during this time. Awatere then approached, moving pretty fast, from the direction of the bar telephone and said: “Let’s go.”

Mr Clark said he did not hear any loud noises in the bar before that.

He left with Awatere, and saw that McGlynn was already in the car. As they drove over a judder bar in the car-park there was a bang and the car’s windscreen shattered. He did not know what caused the bang. He did not say anything at that stage. Something hit him on the head.

They then drove towards Cashel Street along Ferry Road, and on the way Awatere told McGlynn he "should not have shot him.”

McGlynn said he could not help it.

The witness said he asked what was going on. He did not know what had happened in the hotel. He found out the next day.

Awatere drove to a woman’s house in Cashel Street, and Mr Clark walked from there to a friend’s house in Hereford Street and slept there the night.