Scott Guy trial: Day 7
Scott Guy's brother-in-law Ewen Macdonald, 32, has pleaded not guilty to murdering Mr Guy by shooting him twice in the early morning of July 8, 2010.
Crown prosecutors Ben Vanderkolk and Paul Murray are prosecuting. Criminal lawyer Greg King is representing Macdonald. Manawatu barrister Peter Coles is also part of the defence.
The trial began at the High Court in Wellington on Tuesday June 5 and is expected to go for at least a month.
The second week of the trial is focusing on the relationship between Guy and Macdonald.
LIVE UPDATES FROM COURT
4:46pm - Ewen Macdonald checked he and Scott Guy were on same wage
Ewen Macdonald had checked the wage book in the farm office while Bryan Guy was away to make sure he and Scott Guy were getting the same money.
Anna Macdonald said she knew he had done it and it made her uncomfortable because her father was away and she told him to ask her father about it.
"He wasn't taking anything but he was looking, checking up."
Bryan Guy had earlier told the jury he did the wages for all the staff on the farm.
The key to the farm office was in their home.
She said personal documents were kept in the safe in the office but they would have to ask Bryan Guy for the combination because they could never remember it.
Anna told defence lawyer Greg King she was only aware of Macdonald having one pair of diving boots and that had been over eight years ago.
The Crown has told the jury that the distinctive ripple soled prints made around Scott Guy’s body came from a pair of proline boots worn by Macdonald.
"Last time I saw one it had a lot of cobwebs on it, bit old and falling to pieces a little,’" she said.
It had been in their old home before 2008.
She said she threw it away and never saw it again.
"I remember saying to Ewen what the hang have you got one boot for?" she said.
Anna said after obscene words were spraypainted on Scott and Kylee’s new home Macdonald appeared to change.
She said he told her he was sick of coming home and worrying about it and was going to let it all go.
Instead he did things like buy Kylee a large silk tree for her birthday and gave them garden cuttings.
She agreed that the only setback she saw after that was the confrontation over Scott leaving work early at a family event.
Anna said she thought Scott had been embarrassed about the comment and the person who actually made a scene was Scott, not liking Macdonald telling him off.
4.16pm Guy family were paid 'good salaries'
Anna Macdonald had not thought Scott Guy had considered staying on the farm for good until a family meeting where he mentioned inheriting the farming operation.
"Ewen had said he did not think Scott would stay on the farm forever," she said.
Bryan Guy had told Scott at the meeting that it was not a matter of inheriting but about buying into the farm business.
Guy had visited the Macdonalds just before the meeting upset about the housing situation and unsure about his parents moving into a house in Feilding and off the farm.
"He had thought they should be building the farm."
She said Kylee did not seem to like the Manawatu when she first moved but later let her guard down especially after having Hunter.
There were times Macdonald had to step in and do some work on things like the calving operation if Guy wanted to leave to go home and it annoyed him, Mrs Macdonald said.
"It wound him up quite a bit at the beginning."
Anna said everyone was on good salaries but there was a lot of money going out and if they wanted more the farm was not going to sustain it.
It was after the 2008 meeting that they all knew they were earning the same money.
3.31pm Ewen Macdonald felt bad about a disagreement with Scott Guy
Anna Macdonald thought Ewen had 'felt stink' over a comment made about Scott leaving work early at a family event because it had upset the family.
The comment about Scott skiving off work early was made at a family function at which Anna and Ewen Macdonald were late because he had been held up at the farm.
Scott Guy had left early to go to the event at the shop run by his mother and sister.
Anna said Macdonald did not raise his voice but Scott heard and said he did not have to take this and left.
"Everyone looked around and thought what the hang was that about?"
She said her parents were upset that Macdonald had picked that moment to say something to Scott.
3.30pm Scott Guy was "ratty" Ewen and Anna Macdonald lived in family house
Anna Macdonald, Ewen Macdonald's wife, said was shocked by an attack by Scott Guy at a meeting over the family farm business.
"I was pretty hurt at the time," she said.
Their father stepped in to speak to Scott about it.
"He said things like 'why has Anna got stuff because she never worked a day on the farm' and I wondered why I was being attacked."
Macdonald was in disbelief, she said.
She and Macdonald had prepared for the meeting because they had thought Scott was getting paid more but Macdonald was doing longer hours and they wanted to be paid more.
Anna said it was about getting their point across.
At another meeting a week later Macdonald was calm and Anna cried during it. “I don’t think Scott realised how harsh he had been."
She said both she and Macdonald thought it was great moving in the family homestead and planned to stay on the farm if they could.
However, Scott wanted to know why he wasn’t offered the house.
She said it had obviously been building up that we were moving to the house and Scott was ratty about it.
Macdonald also became wound up about Scott leaving work early after he and Kylee’s son Hunter was born.
2:29pm Anna Macdonald unsure about Guy business partnership
Anna Macdonald was not sure about going into a business partnership with Scott and Kylee and their parents.
The three couples each had a shareholding in the family farm in Feilding.
"I wasn't so sure, because I don’t think three's a great number - two's company and three's a crowd." She said.
Anna Macdonald has begun her evidence into the relationship between her husband and Scott Guy.
Ewen Macdonald and Scott Guy had different areas of interest on the farm she told the jury.
She said they easily slipped into their roles, with Macdonald preferring the dairy and Scott the stock or tractor work.
Anna said MacDonald was a perfectionist and very organised, and liked things to run smoothly.
He carried a notebook to jot down notes about things as he worked.
12.20pm Scott Guy was frustrated by staffing issues on the farm
Scott Guy and Ewen Macdonald were never going to be doing equal hours on the family farm, Scott’s father said.
He said the two men did different jobs on the farm, Macdonald doing long hours with milking and Scott doing some long hours during cropping.
"I recognised that Scott particularly wouldn’t do as many hours as Ewen so he could contribute to the milking."
He said he had not seen it as an issue as long as everyone was putting in an effort.
Mr Guy said Scott would get frustrated about staffing issues, feeling staff were coming back to Macdonald all the time to ask about their next jobs when it could be better planned.
He said Macdonald did not speak to him directly about any issues although he sometimes heard about things third hand from Anna.
Macdonald could take a lot of the credit for the awards the farm run as he was responsible for the day to day running, however Mr Guy said it was clearly a combined effort of the family and staff.
Mr Guy said he began teaching Scott the financial aspects of the farm business worked thinking he was the obvious choice.
Scott was given the authority to sign cheques in 2010 so that if something happened to his father he would know how to do it.
He said he wanted to get Macdonald involved as well although he had not shown him how it worked.
12.24pm Guy family was not communicating well
The Guy family was not communicating well enough between them, Bryan Guy has said.
He told the jury that it was probably a fair assessment although not everyone had felt like that.
He said he was aware that a lot of family businesses did not succeed and they were determined to get it right.
"Scott felt there was a lack of communication."
Bryan Guy said there was an issue over Scott and Kylee being in rented accommodation and Anna and Ewen were in their own home and Scott felt it was unfair.
"Again that was probably fair enough."
He talked about Ewen Macdonald working on the farm, good with stock and observant.
"He was very keen and diligent…..good with farm management."
Macdonald’s responsibilities increased as Bryan Guy got involved in the dairy boards.
Mr Guy said it was hoped having both couples have a share in the farm would give them greater motivation to succeed.
12.15pm Scott Guy had harsh criticism of family farm operation
Scott Guy had harshly criticised the family farm operation at a 2008 meeting that he had wanted called.
The idea was to have quarterly meetings with the shareholders in the Feilding farm, Bryan and Jo Guy, Scott and Kylee Guy and Anna and Ewen Macdonald.
Bryan Guy said Scott asked for a meeting in 2008 and set an agenda.
"It was a surprise to the rest of us," he said.
He said Anna and Macdonald then reacted, trying to put together some things in writing about how they saw it.
Mr Guy said he felt everyone was calm and collected about it as they all wanted the business to succeed.
11.30am Scott Guy's dad surprised Scott thought he would inherit the farm
Scott Guy thought he could inherit the family farm which surprised his father.
Bryan Guy has returned to court to tell the jury about the family dynamics and how the farm structure worked.
He said Macdonald had worked on the farm since he was 16.
Bryan Guy said Scott brought up the issue of inheriting the farm for the first time, during a business meeting.
"Perhaps because he was the oldest son," he said.
But it still took him by surprise.
"He seemed to have that expectation but it was not an expectation I had," he told the jury.
Mr Guy said he then explained to Scott that he had not inherited the business from his father, rather had had to buy him out.
"I thought I put that bed, had talked about it frankly."
He also described how the men worked on the farm.
"Everyone wanted to be boss so better to give them areas of responsibility."
He said Scott was in charge of cropping, Macdonald of the cows.
11.06am Scott Guy upset by confrontation with Macdonald
Scott Guy had been upset by Ewen Macdonald confronting him over leaving work early to go to a family event.
The family had been celebrating the five-year anniversary of Jo and Nikki Guy’s clothing shop.
Kylee Guy said she saw Ewen and Anna Macdonald come in late then Scott came up to her and said they were leaving.
After Scott told her Macdonald had had a go at him for leaving work early.
"He was really upset about it, that Ewen had talked to him like that."
Kylee told the jury Scott would sometimes sleep in: "He was always a deep sleeper."
If he overslept, someone would call.
"If he did sleep in, he would be so upset, he was devastated he had let the team down."
She disputed that she had said she did not want people to ring the landline, saying she knew how upset Scott would be if he overslept.
He was a softy and kept it all in not wanting to upset anyone.
"All Scott wanted was to be fair."
Kylee said Guy was "chuffed" for Macdonald when he won an award for dairying management.
Guy was excited about the Fonterra award, had bought new clothes, however he came home on the night of the July 7 to say Macdonald was not going.
Kylee said there was no reason given why Macdonald pulled out.
Guy had also been excited to go to the conference in Invercargill the month before he was killed.
He really loved the team building stuff but also the ideas that came out of it. He liked the stuff about dealing with staff and how to praise them.
Guy thought it would be a good idea to go with Macdonald and that Scott was in touch all the time saying how much he was enjoying it.
He had come back with an idea for a water park on some little-used land.
She said Guy had liked the staff, including assistant farm manager Simon Asplin but was also frustrated by him.
10.31am Kylee Guy says her husband had planned to leave the family farm
Scott Guy wanted his own farm in Hawke’s Bay and had planned for it, his wife has told the jury this morning.
Kylee Guy said Scott had always felt he was not staying on the family farm.
The Crown has said that Ewen Macdonald murdered Scott Guy against a backdrop of tension over the future of both men at the Feilding farm.
Scott Guy had not been interested in the diary and milking side of the family farm. Instead the cropping and dry stock was his passion.
Kylee Guy said initially after they moved back he was frustrated that there was not much to do.
After they moved to Feilding and Kylee said she was very homesick for her family in Hawke’s Bay.
She described Scott as one in a million.
"He was my best friend, the most amazing partner and husband."
She said if they had niggles, it was over five minutes later with a hug.
Kylee described Ewen as quieter, not much of a talker.
She said while Scott did not find it hard to communicate with Macdonald, he did not talk much.
There was an issue of unfairness about the hours the two men were working.
Kylee said they did similar hours, but at different times of the year.
Scott had also been upset about Anna and Ewen Macdonald moving into the family home but Kylee said it was because there was no communication with his parents over it.
10.17am Kylee Guy returns to court
Scott Guy’s wife Kylee has returned to court this morning to tell the jury about the relationship between her husband and the man accused of killing him.
Previously she had described the morning she discovered Scott had been fatally shot outside their home in Feilding.
“From the moment we met we just couldn’t be apart,’’ she told the jury.
The pair had met at a rodeo in Hawke’s Bay.
Summary of day six
Months before Ewen Macdonald was arrested for Scott Guy's murder, he scoffed at the police investigation and said they had no idea who the killer was, according to Mr Guy's younger brother.
Giving evidence at Macdonald's murder trial in the High Court in Wellington yesterday, Callum Guy said the comment came two to five months after Mr Guy was shot dead outside his rural Feilding home on July 8, 2010.
"I think he [Macdonald] said that he'd been asked [by police] if he knew who had done it, and he sort of laughed about it, saying they're hopeless and have no idea."
Mr Guy said he did not think there was anything sinister "at the time" about what Macdonald said.
He was also questioned about whether he had seen a pair of diving boots at Macdonald's house on the Guy family farm, known as Byreburn farm, 1.4km down the road from where Mr Guy was shot.
Footprints found at the murder scene matched a pair of size nine Proline dive boots, which the Crown says belonged to Macdonald.
Mr Guy told defence lawyer Greg King that while it "sounded familiar" that Macdonald had owned dive boots, he could not be sure.
He also demonstrated to the court how a shotgun kept on the farm could be broken down into three parts.
The Crown says the shotgun – which was broken down but not locked away on the day of the shooting – cannot be excluded as the murder weapon.
Mr Guy also offered some insight into the discord between his elder brother and Macdonald over the farm they co-managed, which the Crown says is Macdonald's motive for murder.
His brother was unhappy that Macdonald, who is married to their sister, Anna, was given a 10 per cent shareholding in Byreburn farm, which was going to be increased to 20 per cent in 2015.
"I think that he probably felt that Ewen was trying to take over the farm, whereas Scott wanted it to be a bit more about him and my father," Mr Guy said.
Scott's Guy's mother, Jo Guy, also told the court that Macdonald and Anna had the same fears of being "squeezed out" of the farm. T
hey arose after she and her husband, Bryan, returned from a business seminar with plans to use their land for other purposes, such as a recreational lake.
"Anna had said to us that Ewen was a bit worried that suddenly the dairy side of it might fall over and they might be out of the picture."
Scott Guy's sister, Nikki Guy, said her brother and Macdonald were at odds over how the farm was run and who was doing all the work.
It started out as grumbling behind each other's back but boiled over into a public spat in September 2009, when Scott Guy left milking early to attend a function at the Palmerston North fashion boutique she and her mother owned.
"Ewen kind of told him off for leaving early and Scott didn't appreciate that," Ms Guy said. "Scott said ... 'I'm not going to sit here and listen to that shit'."
Ms Guy said she had noticed a rivalry develop between the two ever since Mr Guy returned to co-manage the farm in 2003.
"The farm wasn't big enough for them to have the same equal [management] roles evenly across the farm," she said.
The Dominion Post