Double-murder trial begins without accused in court
The trial of Ashburton double-murder accused Russell John Tully has begun without him.
After a two-day delay for legal argument, jury empanelling began in the No 1 High Court in Christchurch at 11am.
Tully was not present in court as the trial began.
Tully is on trial for the murders of Peggy Turuhira Noble and Susan Leigh Cleveland and the attempted murder of Lindy Louise Curtis and Kim Elizabeth Adams, in a shotgun shooting at the Ashburton Work and Income NZ office on September 1, 2014.
He is also charged with setting a man trap – a steel wire – and unlawful possession of two shotguns.
Tully also has no lawyer of his own, but is represented in court by two amicus curiae (friends of the court), James Rapley and Phil Shamy. The Crown is represented by Andrew McRae from Timaru and Mark Zarifeh.
The trial is expected to last three weeks, with the Crown planning to call evidence from about 80 witnesses.
Update: Tully was not in court when the charges were read, and was deemed to have entered not guilty pleas in his absence.
Justice Mander told the jury they must not hold it against Tully that he was not present, in deciding the case.
He said it was an unusual but not unheard of situation. The law provided or allowed for a trial to proceed in the absence of the defendant.
He told the jury: “I have determined that it is appropriate and in the interests of justice that the trial proceed despite Mr Tully’s absence. That is my responsibility, in making that decision. It is not a issue you need to concern yourself about. Please don’t speculate about why he’s absent.
“You need not concern yourselves about the reasons why he is not physically in court. It is just the circumstance of this trial, regrettable as it may be. Your role will be no different because he is not present here in the courtroom.”
It was unclear whether Tully would be present in court later in the trial.
He said Tully had amicus curiae appointed to give advice because he did not have a lawyer. He had been “afforded the opportunity of having legal representation but as as events have transpired, he is not legally represented”.
Category: News
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