Prison for manslaughter

Press, 26 June 1987, Page 4

Prison for manslaughter

A young man, who stabbed two brothers during a fracas outside the Doghouse in Cathedral Square in the early hours of a Sunday last November, fatally wounding one and seriously injuring the other, was jailed for five years by Mr Justice Williamson in the High Court yesterday. Ritchie Stuart Clutterbuck, aged 24, a sickness beneficiary, was found by a jury not guilty of the murder of Paul Tuia, aged 23, but guilty of manslaughter, and of wounding David Tuia with intent to cause grievous bodily harm. Evidence was given during Clutterbuck’s trial that in the early hours of Sunday, November 9, there was a fight between two groups. John William Kennard, an oyster opener, now of Invercargill, suffered a broken nose.

The dispute arose when persons sitting on a car • were asked to get off. All did except a girl who was slow to move.

The girl started yelling and the fish and chip packet she was holding was knocked out of her

■ A little later Clutterbuck was dragged out of a car. He used a knife, he got from the glove-box to stab both Tula brothers who were attacking him. At the trial, Messrs Brent Stanaway and Raoul Neave appeared for the Crown, and Messrs Tony Garrett and Rupert Glover for Clutterbuck. The defences were selfdefence and a lack of intention to kill.

For Clutterbuck, Mr Tony Garrett said that his client had the support of his de facto wife who had come back from Australia when he was arrested and who was present throughout his trial.

His family was also concerned about his welfare. Clutterbuck was a man of some intelligence and quite different from the person portrayed in the probation report He still required treatment for the injuries inflicted on him by the Tuia brothers.

Since his arrest, he had spent six months in the security wing, 22 hours a day in a cell under distressing conditions. That wing had previously been

a punishment block and was now used for remand prisoners who required protection, Mr Garrett said.

Mr Neave said that the jury must have to come to the conclusion that blows with the knife, which injured both brothers, were deliberately struck, and that most of the injuries Clutterbuck suffered were inflicted after he had fatally stabbed Paul Tuia.

The Court should mark disapproval of the use of a knife in these circumstances because this happened far too often and persons were seriously injured or dead. Clutterbuck had an appalling list of convictions, including some for violence, although there had been a gap in his offending, Mr Neave said.

Mr Justice Williamson said by its the verdicts, the jury rejected the defence of self-defence and accidental stabbing, but was not satisfied that Clutterbuck had an intent to kill either man. At the time he committed the offences, Clutterbuck was under attack and was in a stressful situation.

Liquor, stupidity and aggression all played their part in what happened and as a result of Clutterbuck’s actions a young man was dead. The community in Christchurch was concerned about acts of violence. Clutterbuck had two children, aged 4 and 7. He had numerous convictions, but mainly for dishonesty and a few for assaults. His Honour said that he would take into account that the probation officer said the abuse of alcohol had been an element in his offending over the years and that was compounded by his personality and behaviour problems.

He would also take into consideration the efforts Clutterbuck had made since his last release from prison and the support he was getting from his wife and family, Mr Justice Williamson said.

Clutterbuck was jailed for five years on the manslaughter charge, and for two years on the wounding charge, the terms to be served together.

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