Marcus Tucker murder trial aborted

May 19, 2017 | By More

The trial of Peter John Carroll for the murder of 36-year-old Marcus Luke Tucker has been aborted after evidence was heard from seven witnesses.

Carroll, 52, was remanded in custody by Justice David Gendall in the High Court at Christchurch for a new trial on July 17, with new defence counsel.

The defence team of Andrew Bailey and Ethan Huda was given leave to withdraw from the case by Justice Gendall today.

Carroll will be back in court for a pre-trial call-over on June 2.

The trial began on Wednesday with opening addresses by the Crown and defence and then evidence during the afternoon from seven of the 47 witnesses the Crown planned to call.

Jurors were told of Mr Tucker’s body being found bound, wrapped, and burnt on Drain Road, near Lake Ellesmere on April 25, 2016.

The Crown alleged that Carroll had beaten him to death with a metal steering lock in a drug-related dispute.

Legal discussions began yesterday, without the jury present, and when the jury returned to court at 10am today Justice Gendall told them that “certain circumstances and issues have arisen in this trial which were not anticipated”.

“Unfortunately, these circumstances mean this trial cannot proceed,” he told the court. “I am not in a position to give you any further details at this point.

“The charge of murder remains, and I will give directions for a new trial. Neither the court nor any parties in this trial are to blame or at fault here.”

Suppression orders made on a list witnesses for the trial would continue for the new trial.

He thanked the jury for attending, and assured them their time had not been wasted.

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