July 28, 2010

Violent relationship described at murder trial

Timothy Constable murder trial, Day 3. By Anne Clarkson

Timothy John Constable talked a lot about guns and had access to other firearms, his girlfriend Gisinda Coombs told the High Court at Christchurch where three men are charged with his murder in a fight where he was holding an imitation pistol.

Miss Coombs, 18, agreed that guns were a big interest of the 24-year-old who is being portrayed in defence questioning at the trial as a P-user with a reputation for violence.

Adam Robert Gempton, 21, Steven Wayne Bright, 26, and Levi Michael Coombs, 18, are charged with murder, while Shaharna Margaret Hickey, 23, and Shahana Mikena Coombs, 21, are charged with assault. They deny all charges.

The crown will call evidence from 57 witnesses in the four-week trial before Justice Lester Chisholm and a jury.

Defence counsel for Levi Coombs, Tony Greig, asked Miss Coombs about his client being protective towards his mother. He had seen her hurt more than once and knew about the bad parts of Miss Coombs’ relationship with Mr Constable. He knew Mr Constable smoked P and had introduced Miss Coombs to the drug.

She said Levi Coombs and her mother were worried about the relationship with Mr Constable, in which she was being physically abused about twice a week. “Madness came over him when he was coming down (from the effects of the drug) and he lost control of himself,” she said.

He had taken P one or two days before his death in the fracas in the street in Todd Avenue, Burnside, early on August 7, 2009.

The trial was told that Mr Constable had bitten the finger – right through her nail – of Levi Coombs’ mother during the fight. Levi had then hit Constable on the head with a Maori club, a patu, and Gisinda Coombs saw blood down his face.

Questioned by counsel for Shahana Coombs, Trudi Aickin, Gisinda Coombs said Shahana knew Mr Constable was becoming increasingly violent towards her and they were both using P. Mr Constable had called her very unpleasant names in text and phone calls, and had called her sister “nigger”.

Gisinda Coombs said she intended to leave with Mr Constable when he arrived at the gathering that night.

Questioned by counsel for Hickey, Margaret Sewell, Gisinda Coombs said Mr Constable had talked about guns a lot and had access to other firearms. Guns were a big interest of his.

Miss Sewell said Hickey had screamed, “He’s got a gun”, when Mr Constable arrived and would say that two shots went off. (The imitation pistol was able to fire blank rounds.) Gisinda Coombs said she did not hear the shots.

Gisinda Coombs was cross-examined about the details of the fight that followed.

She agreed with Rupert Glover, defence counsel for Gempton, that when Mr Constable had been standing at the end of the driveway with a gun in his hand, she must have known he was looking for trouble.

The trial is continuing with evidence from Mr Constable’s father, Stephen, who had driven him to the scene.