Sudden stop to murder trial; life term for McGlynn

Press, 27 February 1986, Page 18

Sudden stop to murder trial; life term for McGlynn

The murder trial in the High Court yesterday came to a sudden stop. Mr Justice Holland discharged Wally Awatere, aged 28, a scrubcutter, on a charge of murder, under section 347 of the Crimes Act, after the Crown’s case had been concluded.

Andrew Peter McGlynn, aged 18, who had been jointly charged with Awatere, then pleaded guilty to the murder of Edward Ivan Nelson, aged 34, and was sentenced to life imprisonment. The only charge now before the jury is one against Awatere of being an accessory after the murder by enabling McGlynn to leave the scene and avoid arrest.

The trial began on Monday, when evidence was given that Mr Nelson died almost instantly when he was shot four times in the back by McGlynn, one bullet penetrating the heart and a lung. The shots were fired by McGlynn with a sawn-off .22 rifle. The Crown’s case concluded yesterday afternoon. An application was made by counsel for Awatere in the absence of the jury for a discharge under section 347 and this was granted by his Honour.

When the jury returned to court, Mr Justice Holland said that Awatere was discharged on the charge of murder. He had reached that decision after hearing submissions in the jury’s absence on matters of law.

After McGlynn had pleaded guilty to the murder charge, his Honour said that the consequences of the change of plea had no doubt been explained to him. ' “It is now my duty to impose the mandatory sentence of life imprisonment,” said his Honour. Mr G. K. Panckhurst and Miss B. J. Draper appeared for the Crown, and Messrs G. R. Lascelles and G. F. Orchard for Awatere.

McGlynn was represented by Mr M. J. Knowles.

In evidence during the murder trial, Emilina Wipirata, a beneficiary, said that she had known Teddy Nelson for two years, as a friend. She was a member of the Mongrel Mob gang in September last year. She said that she went to the Woolston Tavern about 1 p.m. on September 27. Teddy Nelson was also there. They drank beer. She knew Black Power gang members by sight. Near closing time, she said, she saw a girl come through the door. She knew her because she had battled with her in the past. There had been a fight the week before at the Social Welfare office.

The girl walked in, looked round, and went out. She came back in a few seconds later and stood by the window, staring at her, said Ms Wipirata.

People who had come in with the girl stood by the bandstand. She knewone of them, Wally

Awatere, by sight. The girl had then gone to the bandstand area and returned to ask Ms Wipirata if she wanted “to battle.”

“I told her to suck eggs. I had already beaten her the week before so I didn’t want to fight,” said Ms Wipirata. She agreed that she was pregnant at the time.

The girl then walked away. The men she was with were “getting heavy" and had said words to the effect that they would “waste” her, said Ms Wipirata. Ms Wipirata said that Brutus, whom she identified as McGlynn, moved his jacket and put his arm under it. She noticed something that looked like the end of a gun. Ms Wipirata said that she tried to push one of the group out of the way as she attempted to follow Teddy Nelson, who walked towards the telephone box. She had wanted to go because she knew there was going to be trouble. Teddy Nelson was going to phone for a taxi.

There were three men and the girl. Two of the men went towards the telephone. Witness heard shots. The three men and the girl started walking back. Brutus was putting something back in his jeans.

“They gave a Black Power sign to the guys at the bandstand and said they 'got him’ or ‘wasted him’ or something. Then they left,” said Ms Wipirata.

Cross-examined by Mr Lascelles, Ms Wipirata said that her earlier evidence that Brutus was in court wearing a blue suit was incorrect. He was wearing leathers. It was Wally who was wearing the blue suit. The person who had moved his clothing on the night of the shooting was Brutus. She did not know where Awatere was at the time, she said.

Michael John Chesham, supervisor of the police armoury at Upper Hutt, said that the weapon he examined was a .22 calibre semi-automatic or self-loading rifle which had the woodwork and barrel cut off. It was an Anschutz, one of only two types of .22 rifle which had an eight lands, right-

hand twist. Willie Tausili, a welder, said he had found a gun in his garden at 538 Gloucester Street in November last year. The police had taken possession of it.

Detective Sergeant John Hawkes said that at 3.35 a.m. on September 28 he located a black and white Mk IV Zephyr car in England Street. There appeared to be a bullethole in the windscreen.

Detective Peter Gilroy said that he examined the Zephyr car on September 29 and found a spent .22 cartridge case. Evidence was given as agreed facts that a rifle had been taken from an address on September 12. It had not been in a cutdown state. It had been identified by the owner in December last year as being his missing rifle. A pathologist, Dr John Ewart Pettit, said that when he examined Mr Nelson’s body at 1.15 a.m. on September 28 at the Woolston Tavern he formed the conclusion that he had been dead only a short time. There were four entry bullet holes and one exit hole. His post-mortem examination established that the cause of death was a gunshot which caused massive disruption of the left lung and a rupture of the heart. Mr Nelson had probably survived only seconds after the fatal shot.

Detective Inspector David Stuart Haslett said that he was the officer in charge of the investigation into the murder of Edward Nelson. A search was made for a Holden and a Zephyr car and of premises known to be frequented by Black Power members. The police making the searches were accompanied by members of the armed offenders squad. At 11.45 a.m. on September 28, McGlynn and Awatere arrived voluntarily at the Central Police Station with their solicitors, Messrs Knowles and Lascelles.

Detective Sergeant Peter Nelson Gardiner said that he was instructed to interview Awatere but he and McGlynn refused to be interviewed separately. A large room was found so that witness, Detective

Sergeant Murray Quested who was to interview McGlynn, the two lawyers, and the two accused could be present. Awatere replied "No comment” to every question put to him and when asked to go on an identification parade he said that he would have to think about it. Awatere was wearing a black T-shirt with a Black Power patch on it.

Awatere said that he had heard on the radio that a man was dead as a result of a shooting in the Woolston Tavern. When arrested on a charge of murdering Edward Nelson, Awatere had nothing to say. Detective Sergeant Quested gave similar evidence in respect of McGlynn. That concluded the case for the Crown.