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Macdonald acquitted of Guy's murder

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Macdonald acquitted of Guy's murder

By: Newstalk ZB staff | New Zealand News | Wednesday July 4 2012 5:45

 

Ewen Macdonald will remain in prison until at least the end of the month despite being found not guilty of murdering Scott Guy.

Jurors deliberated for just over 11 hours before announcing their verdict yesterday.

But while Macdonald may have been cleared of murder, he's facing a series of other charges.

During police investigations into Scott Guy's death, Macdonald admitted deer thefts, an arson attack on a house on the Guy family farm and a vandalism attack against Scott and Kylee Guy's home.

Macdonald will remain in custody in relation to those charges and a series of others which are temporarily suppressed.

His next appearance will be at a call over in the Palmerston North District Court later this month.

Palmerston North Mayor Jono Naylor says the verdict doesn't bring a resolution to who killed the Feilding farmer.

"Well I guess until somebody is found guilty of murdering Scott Guy there's always going to be an element of this that's left unsorted out."

He says the community now needs to support the family members involved in the case.

"These are good people who have had their lives turned upside down and it's important that A, we give them privacy where they need it, and support where they need it also."

Mr Naylor says until someone is found guilty of murdering Scott Guy, a huge amount of interest will surround the case.

Meanwhile there's praise for Ewen Macdonald's lawyer.

Senior law lecturer at Canterbury University Dr Chris Gallavin says Macdonald's lawyer Greg King has delivered an excellent defence.

"While his tactic of not calling Macdonald for example, and not calling a whole heap of witnesses has been ultimately effective in securing an acquittal, it's left so many questions open to be answered."

He says cases which rely on circumstantial evidence are very difficult for the prosecution.

"Present a case, which I believe they had to do in this circumstance, but to present it, and to be able to prove it beyond reasonable doubt, it was very difficult for them and I think they've done the best with the material that they had."

Dr Gallavin says it's a case people will talk about for years because there are still so many questions.

Following the verdict, Bryan Guy fronted media to speak on behalf of his family.

Former Manawatu Mayor and close friend of the Guy family, Ian McKelvie, says Mr Guy is a man of substance.

"His family have been like that for generations really so I guess someone had to stand up and lead them and he's done a wonderful job, from everyone's perspective I think."

Mr McKelvie says the two families will be receiving plenty of support from their local community.

He believes returning to the farm will be part of getting on with their life.

"Life's never going to be the same again but I'm sure that with community support and a little bit of time they'll get going and battle on as they always have."

Current Manawatu District Mayor Margaret Kouvelis is proud of the way the Feilding community has provided a normal environment for both the Macdonald and Guy families.

"I've been very impressed with the quiet way that people in Feilding, have suffered a lot of tragedies, are getting on with their lives. There are no dramas and no hysteria."

She says publicly there's been a sensitive consciousness of what the families are going through.

"We have tried to provide an environment where they can come and go freely, and safely amongst us without being interrogated or overwhelmed by too much sympathy."

Ms Kouvalis says now both families need privacy from the media to get on with their lives.

Law Society Convener for the Criminal Law Section, Jonathan Krebs, says the Crown can only appeal in limited circumstances.

"The Crown could only appeal if there is a point of law which is of significant importance that arises during the case and the trial judge issues what's called a case stated."

Mr Krebs says the high public interest and media attention given to the case has been fascinating.

Only in extreme circumstances can a person be tried for the same crime twice.

One is if a juror or witness has been bribed and as a direct result, the defendant has been acquitted.

Professor of Law at Canterbury University Jeremy Finn says the other circumstance is if new evidence comes to light.

"But you now find the murder weapon that had been missing and it's got the defendant's fingerprints all over it, you could go back for a retrial."

Mr Finn says neither of the options has been tried in New Zealand.

Photo: Ewen Macdonald (NZ Herald)

 

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