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By: Nita Blake-Persen | Latest Crime News | Wednesday June 27 2012 4:55
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Ewen Macdonald's defence has finished giving evidence at the Scott Guy murder trial.
MacDonald is accused of shooting dead his brother-in-law in July 2010.
His defence called just two witnesses to the stand, an electrical engineer and firearms expert Mitchell Maxbury.
Mr Maxbury told the court he had completed a series of gun tests to establish how quickly shots could've been fired from a shotgun, similar to the one the crown says killed Mr Guy.
"You can shoot the first two rounds in about one second, but to fire the third shot you have to open the breach up and physically grab each cartridge case and pull it out before you can insert another cartridge. That time frame that we were able to achieve was about seven seconds." This contradicts evidence from one of Scott Guy's neighbours who told the court they heard three shots in quick succession on the morning of the murder. Ewen Macdonald will not be taking the stand in his trial.
The defence have given evidence in the trial with lawyer Greg King maintaining his client’s innocence.
"He has explained his movements in the weeks and days leading up to his brother-in-law's death, what he did on that day the defence case is what he has told you, is the truth," Mr King says.
Mr King has also told the jury that by law his client is presumed innocent and his admitting to earlier crimes does not change that.
"To burning down the old McKinnon homestead, that he has pleaded guilty to the criminal damage to Scott and Kylie's house, to stealing some deer, does not change that on the charge of murdering Scott Guy he is presumed to be innocent."
Mr King says there is an abundance of doubt in the case and has implored the jury to make their decision based on fact and not emotion.
He says he will be calling two witnesses to the stand who will both provide technical evidence on the case.
Forensic scientist Kevan Walsh earlier told the court that Mr Guy’s killer fired two shots, the second shot hitting his arm and hands.
Under cross examination from Greg King Mr Walsh said he thought that looked like a defensive manoeuvre.
"Putting his hand up to me gave the appearance of a defensive action, the only issue I guess with that scenario is whether he'd fall forwards of backwards or sideways. In my opinion you'd have to be significantly inclined backwards for that direction." Scott Guy’s killer may have been just two metres away when they fatally shot him.
Mr Walsh completed a series of tests were carried out on that shotgun, including separate tests on the top and bottom barrels.
He says the top barrel could've shot from between three and six metres away, with potential for the bottom barrel to have been closer.
"The muzzle of the barrel would've been no closer than about two metres and no further away than about four and a half metres. Again the most likely firing distance is between three and three and a half metres."
Mr Walsh commented that gun would not have been close enough for Scott Guy to reach out and grab.
Mr Walsh has also told the High Court that there are a number of shotguns that could've killed Mr Guy.
"No directly, but simply from the fact it's a 12-gauge shotgun and 12-gauge wads that have been recovered, it's of the same gauge so therefore can't be excluded, but I couldn't exclude any other shotgun on that basis of 12-gauge." Mr Walsh says the ammunition that killed Mr Guy is commonly used in New Zealand. Police armourer Robert Ngamoki told the court that a variety of tests were carried out on the shotgun following Mr Guy's murder, and was questioned by defence lawyer Greg King about his findings.
Mr Ngamoki agreed with Mr King when he said minor residue in the barrel, probably made from inadequate cleaning, gave the gun the appearance of being a 'farm gun' rather than a much loved firearm.
Mr Ngamoki says tests found the gun didn't go off accidentally and its safety latch was functional.
It's expected further forensic evidence will be heard today, with the Crown likely to have wrapped up their case by the end of the day. Photo: NZ Herald |
Related Subjects
Murder | Scott Guy | Ewen MacDonald |
Wednesday, May 15, 2013