Tully jury told not to consider courtroom restraints
The Russell John Tully trial jury has been told to set aside any views about the defendant being restrained in his chair during the times when he was present in court.
Tully, 49, has been manacled to a wheelchair when the jury have seen him briefly early in the two-week trial, and in the last days he has been manacled to an ordinary chair where he has been seated, flanked by four prison officers.
Trial judge Justice Cameron Mander told the Christchurch High Court jury, in his summing up, that they must not draw any adverse inferences from Tully’s conduct that they saw early in the court when he interrupted proceedings and was removed from the courtroom.
There was a background to Tully’s behaviour but it was not relevant to the jury’s task, the judge told them. “You must not draw any adverse inferences from his conduct.”
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 stretched between two trees – and unlawful possession of two shotguns.
Justice Mander said it was normal for people on trial to be escorted by Corrections officers. The jury should not speculate about why Tully was restrained – that matter was completely irrelevant to the jury’s task.
“I must ask you not to draw any adverse inferences regarding Mr Tully from the security measures taken,” he said.
Tully had not been in court for much of the trial. It was an unusual situation but not unheard of. The judge said he had determined it was appropriate and in the interests of justice that the trial proceed despite his absence.
“It was my responsibility in making that decision,” he told the jury. “It is not an issue you need to concern yourselves about.” They should not speculate about why he was absent, and they should not hold it against him.
They should also not be concerned about why Tully had not instructed a defence counsel. “He has been offered the opportunity to have legal representation, but as it has transpired, regrettably he has not been legally represented.”
The jury will begin its deliberations on the seven charges after the summing up.
Category: News
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