LATEST: 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.
This is the third week and the trial is expected to move into the investigation phase.
The trial has adjourned for the day
5.10pm Police ruled out a botched robbery
Scott Guy’s iPod and wallet were found still inside the ute parked in front of the gates of his driveway where he was shot.
Detective Brendon Gerrish examined Scott Guy’s ute the day after the shooting.
The doors and the handles of the ute were examined for trace DNA.
He examined the contents which he thought had not been gone through and nothing appeared to be missing. Mr Guy’s iPod and his wallet were found inside.
The Crown has called evidence to rule out that Mr Guy was killed over a burglary gone wrong.
Mr Gerrish also looked at chocolate Labrador puppies on the property and took photographs of them.
Scene-of-crime officer Ross Peat was asked to feed the puppies several times over the next few days. He did not check how many there were.
He also examined the paddock between the house and the shed where the puppies were.
He said there were multiple footwear impressions "almost in two tracks that led to the shed".
Mr Peat said there were fingerprints on the gate to the paddock off the driveway which had smudged detail.
Cloth and fabric marks on the driveway gates showed someone wearing gloves opened them, he said.
Senior Constable Steve Rumney helped search the roadside and a paddock.
He made the plaster casts of the footprints.
Police were unable to confirm timings of how long Scott Guy’s morning routine had taken.
Under cross examination by defence lawyer Greg King, officer in charge of the scene Detective Glen Jackson admitted they could not tell how long it took him to drink his coffee or what else he might have done that morning before driving out his driveway.
3.35pm Police biked between two properties
Police biked between Ewen Macdonald’s home and Scott Guy’s driveway on Aorangi Rd to determine how long it would take.
At a speed of about 20-25km it took nearly four minutes and officer in charge of the scene Detective Glen Jackson said he was able to easily talk to Detective Laurie Howell who had ridden the bike.
They also walked the distance and it took just over 12 minutes.
Mr Jackson said a mountain bike was used and agreed with defence lawyer Greg King that he was not carrying three puppies or a gun while he was doing it.
3.13pm Footprints found near Scott Guy's head
Most of the impressions of the wavy footprints were found near the gates on Aorangi Rd and near Scott Guy’s body.
Officer in charge of the scene Detective Glen Jackson said "the vast majority" of the footprints were found near the gates and there were prints found near Mr Guy’s head.
Some were found on the grass verge to the left of the gateway.
Mr Jackson said he noted one in particular because it was very close to the fence and would not be in an area where someone could walk through.
The Crown has told the jury that Ewen Macdonald owned a pair of distinctive ripple soled dive boots that made the impressions.
A shotgun wad was found at the scene and pellet strikes on fences post and trees at the scene. The pellets were removed and kept as evidence.
Mr Jackson said Mr Guy’s body had fallen in such a way that it was impossible for the gates to be opened after he was shot.
Police examined how the scene would have looked at the time Scott Guy went to open the gates in the early morning of July 8.
Mr Jackson said it was impossible to see past the fence in the dark.
2.40pm: Jury shown murder scene diagrams
Police only considered Scott Guy was shot after being able to get to his body at 11.49am the morning he was killed.
Officer in charge of the scene, Detective Glen Jackson has outlined to the jury how the police put down stepping stones to help preserve the scene before they were able to approach Mr Guy's body.
He said he was able to go to the body at 11.49am. "That was the first time the possibility was raised that he was shot,'' he said.
The Crown has used several comments made by Ewen Macdonald about Mr Guy having been shot early at the scene to contend that the only way he could have known that was if he had shot Mr Guy.
The jury has been taken through a series of diagrams by Mr Jackson.
He showed the jury diagrams of where footprints were found, the map of the scene, where the ute was located and how the gates would have opened.
1.10pm: Police describe scene of murder
The jury has begun hearing about the police examination of the scene at Aorangi Rd the morning Scott Guy was killed.
Detective Glen Jackson said Mr Guy's ute was parked in a position consistent with the driver stopping to open the gates about four metres from the gates themselves.
He could see footwear impressions and was concerned about walking in the area.
Mr Jackson said at the time from the emergency calls, he thought Mr Guy's throat had been cut but during his first look at the body he could not see his upper body.
Stepping plates were put in place to allow police to get near the body without disturbing the scene.
Mr Jackson said there was a large wound to his throat. There was blood around his head.
He said tents were put up to cover the footwear impressions to preserve them.
They were cast as a matter of urgency, Mr Jackson said because the weather was a problem.
Footprints were found going to the shearing shed and coming away from it, he said.
12.44pm Footprints caught police attention
Footprint impressions near Scott Guy’s body caught the attention of the officer in charge of the scene the morning the Feilding farmer was shot.
Detective Glen Jackson was also officer of the scene at Scott Guy’s home.
He said Mr Guy lay in an open driveway, in front of his ute, the door was open and the vehicle running and music playing.
"There were a number of foot wear impressions that become of interest to me," Mr Jackson said.
He said footwear impressions were photographed and then a decision made whether they would be cast to create a plaster impression.
The Crown has told the jury that a distinctive ripple soled impression was made by dive boots worn by Ewen Macdonald.
12.37pm Macdonald has pleaded guilty to arson
Ewen Macdonald plead guilty to charges including arson and criminal damage in 2011, the jury has been told by defence lawyer Greg King.
Under cross examination Detective Laurie Howell agreed with Mr King that Macdonald was initially charged with those crimes and not the murder and was awaiting sentence on those charges.
Mr Howell said there were no further interviews with Macdonald.
12.22pm: Macdonald knew he was not going home
"I guess I won’t be going home tonight," Ewen Macdonald asked police near the end of a police interview that last several hours.
Detective Laurie Howell said he doubted it and that Macdonald would appear in court the next day.
12.18pm: "If I wanted to murder Scott, I don’t think that would achieve anything," Macdonald said.
In a video being played to the jury, police have begun extensively questioning Ewen Macdonald about the morning Scott Guy was shot.
However he did not move from his position that he did not kill him.
Detective Laurie Howell urged him to talk.
"If I wanted to murder Scott, I don't think that would achieve anything, in fact it made things worse,” Macdonald said.
"I had nothing to do with it."
"I wouldn’t take someone’s life, I’m not that extreme."
Macdonald said it only took five minutes to bike up to Mr Guy’s place.
Mr Howell said he was the only logical person that fitted.
Macdonald agreed but did not admit to the shooting.
"Do you think you are going to walk out of here today without being charged with murder,’’ Detective Glen Jackson asked him.
"I’d say you’re going to charge me with murder but it doesn’t matter, I’m not guilty."
Ewen Macdonald asked if there was someone else out there who had killed Scott Guy.
Police told him they would give him a chance to tell them the truth about what happened on July 8.
"I’ve told you the truth, I’ve come clean about the other stuff," he said.
He said the letters concerned him and wondered about someone else out there.
11.23am: Macdonald admits holding a grudge
Ewen Macdonald said he was not psycho enough to kill Scott Guy.
He told Detective Laurie Howell during a police interview he could see how it looked, having admitted to the arson and writing the obscene words on Scott and Kylee Guy's new home.
However he did not admit to the killing, "Straight up, I honestly didn't."
Mr Howell said it looked like a sustained campaign of intimidation.
"I can see the finger points at me,'' Macdonald said.
He agreed he did not have an alibi for the morning of the killing.
Macdonald said he was holding a grudge over what he saw as an unfair partnership with Scott Guy.
Mr Howell asked him what was going through his mind as he was torching an old house and scrawling obscene words on the Guys' new home.
"I don't know if it was about the new house, it was about the whole, it wasn't a fair partnership, flogged my guts out worked my arse off thing,'' he said.
He said he was still holding a bit of a grudge and was disappointed that Mr Guy was getting more time at home than he was.
He told the police he and Callum Boe used pushbikes at night to carry out the vandalism.
The police interview moved on to malicious letters left in a letterbox but Macdonald denied knowing about it.
11.11am: Macdonald: Arson not directed at Scott and Kylee Guy
Ewen Macdonald thought it would be funny to torch an old house on Scott and Kylee Guy's property.
Macdonald admitted the arson and poaching of the deer during a police DVD interview after several hours of questioning by Detective Laurie Howell.
When confronted with what Callum Boe had told police, he admitted offending.
He said it had been a normal day at work and they had organised to go up and "just set it alight.''
"Yeah, so we did that.''
He maintained it was not directed at Scott and Kylee.
Obscene words were painted on the Guys' new home by Macdonald and Boe before they drove to Ruakaka.
Macdonald said they used paint from around the farm and later ditched it in Taupo as they drove to Ruakaka.
Macdonald said the idea was his and the graffiti was more directed at Scott and Kylee Guy.
11.05am: Macdonald admits fire and deer theft.
Macdonald admitted offending with farm hand Callum Boe, part-way through a police interview.
Detective Laurie Howell asked him what he would say if Boe had told the police.
Macdonald said he did not know what Boe had said.
"I'm not sure what he told you.''
When Mr Howell asked him who did it with Boe, Macdonald said "with me''.
Macdonald then told the police they had taken the two deer from a neighbouring farm.
When asked why he said, "It was a challenge''.
He and Boe later buried the deer on the farm.
He then said they had burnt the house on Scott and Kylee's property.
"We torched it.''
10.41am: Police question Macdonald over calls
Police questioned Ewen Macdonald about phone calls from Callum Boe at the time of the arson of an old house on Scott Guy's property.
Detective Laurie Howell asked him about a call Macdonald received at 10.57pm the night of the arson from Boe, a call that came from Feilding.
Macdonald said he could not remember what the call was about.
Mr Howell said the fire service got the call to the fire at midnight.
The Crown has claimed Macdonald and Boe had been responsible for the arson as well as other acts designed to drive Scott and Kylee Guy off the family farm.
10.26am: Macdonald denies graffiti during interview
Macdonald agreed with police that if they found the person responsible for the arson and graffiti they would find the murderer.
In a police interview he answered, "I guess so, it makes sense, it's all aimed at Scott and Kylee.''
Mr Howell said, "Did you go and do that damage to the house?"
"No, no," Macdonald replied.
"Do you know anything about it?' Mr Howell asked.
Again Macdonald replied, "No, no.''
10.19am: Guy worried after graffiti
Scott Guy got sensors on the driveway and a camera after becoming worried over obscene graffiti painted on his new home.
The jury are this morning continuing to watch a police DVD interview with Macdonald.
During the interview Macdonald said he knew about the surveillance and had been caught on the camera himself.
He said he was not quite sure where the camera was or if it was out on the road.
Macdonald said they were part of a neighbourhood watch and had been getting emails about suspicious cars and vans on the road.
The Crown has told the jury that Macdonald was responsible for the graffiti and the arson of an old home on Mr Guy's property as part of a campaign to drive Scott and Kylee Guy off the family farm.
Yesterday Macdonald said he also knew Mr Guy had gotten a shotgun for protection.
Summary of day ten
Detectives who showed up at Ewen Macdonald's rural Feilding home at 8.55am on April 7 last year allowed the dairy farmer to finish his Weet-Bix before they put him in a police car and read him his rights.
A video of the interview Macdonald went on to give Palmerston North detectives Laurie Howell and Glen Jackson that day was played to the jury during his trial for murder in the High Court at Wellington yesterday.
Macdonald was not under arrest at the time. Later that night – after he had been questioned for more than four hours – police charged him with murder.
Mr Howell said that, on the drive to the police station, Macdonald was told they wanted to ask him about the theft of two deer from a farm outside Feilding in 2006, an arson on Mr Guy's nearby Aorangi Rd property in 2008, the vandalism of his new home in 2009, and his murder on July 8, 2010.
Macdonald has since admitted his involvement in all the incidents except the murder. But he spent the first few hours of his interview telling police he did not have anything to do with the theft, arson and vandalism.
He gave police the same response he gave his father Kerry when he asked if he had anything to do with the deer that went missing from a farm in Colyton Rd in December 2006.
"Nah, I'll be honest with you," Macdonald told Mr Howell. "That's what the old man said to me. He said, `Have you been around there?' and I said, `Nah, I'm not that stupid. It's too close to home'."
When asked if he had set fire to an old farmhouse Mr Guy was disposing of in October 2008, Macdonald replied: "Why would I do it? It was part of the farm. It was going to help Scott and Kylee get their dream house."
Macdonald also told police that he was in Ruakaka, Northland, in January 2009, helping a friend move house, when Mr Guy's new home was attacked with an axe and had offensive graffiti painted on its walls.
He rushed home when his wife Anna – Scott Guy's sister – called to tell him what happened, even picking up a speeding ticket on the way, Macdonald said.
The trial continues with the remainder of Macdonald's taped interview today.
WIDOW NEVER RETURNED HOME
Kylee Guy could not bring herself to spend a single night in her rural Feilding home after her husband Scott was gunned down at the end of their driveway.
Her father-in-law, Bryan Guy, told the High Court at Wellington that after Scott was murdered, allegedly by his brother-in-law Ewen Macdonald, on July 8, 2010, Kylee moved out of the dream home she and her husband had built.
A week later, she was back in Hawke's Bay with her immediate family, Mr Guy said. "The house remained vacant, so we sold it."
The sale of Scott and Kylee Guy's house in July last year was mentioned during a comprehensive look at the finances of the Guy family farm, known as Byreburn, yesterday. Mr Guy said Macdonald got a $10,000 pay rise after the murder, reflecting the extra work he had to take on after Scott Guy's death.
Scott and Kylee Guy owned 10 per cent of Byreburn, as did Macdonald and his wife Anna. But Bryan Guy said he bought out both their shareholdings after Macdonald's arrest last April.
Farm consultant David Beca told the jury about a meeting in 2006 with Scott, Kylee, Bryan and Jo Guy, as well as Ewen and Anna Macdonald, where Scott Guy raised concerns there were "too many bosses" on the farm.
Competition between him and Ewen was also mentioned as a concern.
- © Fairfax NZ News
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