Scott Guy murder trial: Day 15

11:05, Jun 25 2012
Scott Guy
SCOTT GUY: Killed in 2010.

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.

Ewen Macdonald
MURDER ACCUSED: Ewen Macdonald.

This is the fourth week of the trial.


17.10pm Multiple footprint impressions found near Guy’s feet

Multiple footprint impressions found near Scott Guy’s feet had the distinctive wavy lined pattern, a forensic scientist has said.

It was difficult to tell the direction of all the footprints, ESR scientist David Neale said.

A footprint found in the gate way of the paddock on a muddy surface appeared to be a left foot print appeared to be heading into the paddock.

Several of the same footprint were found in a straight line going between one of the sheds and the gateway but Mr Neale said there was no way to tell in which direction the wearer had been going.

He said the area across the paddock was quite soft so there were very good casts obtained from that area.

Mr Neale showed the jury there was a blank area between the front of the foot and the heel and a small square protruding between the two areas of wavy lines.

The soles of the Proline boots in court as exhibits have a small square with the size number of them in that position.

One of the prints from soft ground showed Mr Neale that the thickness of the sole of the shoe the police would be looking for would be clearly visible up the side of the shoe.

A multiple diamond pattern was seen in one of the casts, on the edge on the sole, Mr Neale said.


Kylee Guy

4.32pm A footprint near Scott Guy's head was filled with blood

One wavy patterned footwear impression was filling with blood near the head of the Scott Guy’s body, a scientist has told the jury.

The jury has begun to see the many plaster casts of footprints that have been in the court since the beginning of the trial.

Anna Macdonald
ANNA MACDONALD: Sister of Scott Guy.

ESR forensic scientist David Neale held up one set to show the jury and let them see how it looked.

He explained how some were able to be determined as left or right and how they could be used to show the direction of travel of the wearer.

Mr Neale said the print found near Mr Guy’s head was quite close, with a cap Mr Guy had been wearing between his head and the print.

“While I was at the scene the blood was still flowing into the impression,” Mr Neale said.

He said that meant the print was made before the blood began to flow into it.

4.18pm: Prints found around ute, gate and paddock.

Numerous prints of wavy-soled footwear were found around Scott Guy's ute, his gate and across a nearby paddock.

The Crown has alleged the prints were made by Ewen Macdonald wearing a pair of Proline diving boots.

ESR forensic scientist David Peter Neale said he examined the scene over two visits.

Plaster casts of wavy-soled footprint impressions taken from around Scott Guy's body were cleaned and examined by a forensic scientist.

Mr Neale said he was asked to determine the characteristics of the footwear that made the impressions.

He did not have a known pair of shoes to match them to.

He also examined an area of Scott Guy's driveway and also part of the nearby road way on two visits to the murder scene.

Detective Laurie Howell has already told the jury that the only footwear impressions at the scene that could not be identified were the wavy-soled prints.

3.12pm: Police hunt for boots online

Police viewed over 30,000 shoes online but did not find anything similar to the Proline dive boots.

The Crown has alleged size-nine Proline dive boots were worn by the person who killed Scott Guy leaving distinctive ripple soled impressions near the body.

Detective Laurie Howell researched the manufacture and availability of Proline boots overseas.

He found the company in America Topline Manufacturing online who used to have the boots made in Taiwan.  They had stopped making them in 2006.

He ordered some although they were ones manufactured in China years after the original boots were made.

Mr Howell said the boots were a little different, with a different logo. The sole pattern was similar but not as clearly defined

After finding a size nine Proline boot, he sent it to be checked against the plaster casts of the prints found at the scene.

2.56pm: International databases searched for boot prints

All footprint impressions around the scene of Scott Guy's killing were identified and eliminated except a wavy patterned print.

The Crown says the distinctive pattern was made by Proline dive boots allegedly worn by Ewen Macdonald the day he shot Mr Guy.

Detective Laurie Howell reviewed the footwear impression investigation done by police.

He said the majority of the impressions of prints found at the scene of Scott Guy's body were made with the wavy pattern.

Mr Howell said the other footwear impressions in the area were identified and eliminated.

Dozens of shops that sell footwear between Hawke's Bay, across to Wanganui and down to Wellington were checked with to see if the impression could be identified and nothing was located.

Databases in Australia, Canada and with the FBI were searched to see if the patterned prints could be matched, he told the jury.

1.10p: Witnesses questioned over boots

Auto technician Joshua Hunt met Ewen Macdonald on hunting trips to Stewart Island and remembered him wearing what he called scuba boots. He said the trip was in 2004.

The Crown has alleged size-nine Proline dive boots were worn by the person who killed Scott Guy leaving distinctive ripple soled impressions near the body.

Under cross examination by defence lawyer Greg King, Mr Hunt said he was asked by police to examine photographs of the trip under a magnifying glass.

He said he was unable to associate any particular boots with Macdonald.

Armourer Graeme Hunt who did firearm repair work for the Palmerston North Hunting and Fishing store, said he had been on hunting trips with father of the accused, Kerry Macdonald, and later with Ewen Macdonald as well.

He was shown photographs of a hunting trip to Stewart Island trip when Ewen Macdonald had been along.

He said he also dealt with Macdonald when he went to the Guy family farm to do engineering work.

Keen deer hunter Donald Pescini had a pair of his proline dive boots taken by the police.

He said he mainly used them when hunting sika deer and bought them from Hunting and Fishing in Palmerston North.

12.16pm: Dive boots recommended for hunting

An article written to help sell Proline dive boots recommended them for sneaking up on animals while hunting.

The Crown has said the distinctive ripple soled impressions found at the scene near Scott Guy's body were made by the boots.

Andrew Tannock, who owns the parent Hunting and Fishing company, said the stores sold the Proline boots.

He said hunters used them for quietness.

There as no similar boot available through the store at the time.

Mr Tannock said his article saying they were a quiet boot to hunt in came out in the store's autumn collection catalogue in 2004.

11.38am: Importer gives evidence on diving boots

Five size nine pairs of Proline diving boots were sold to Ewen Macdonald's father's store in 2003.

Importer Richard Stephens said one shipment of 305 pairs of Proline boots were imported that year.

The Crown has said the distinctive ripple soled impressions found at the scene near Scott Guy's body were made by the boots.

Mr Stephens said 281 pairs were sold with a size range between size 7 to 13. There were 56 pairs of size nine boots sold nationwide.

Mr Stephens consulted invoices from his business to tell the jury how many pairs of Proline diving boots went to the Manawatu.

Twenty-nine pairs of Proline diving boots were unaccounted for in the importers records.

Under cross examination by defence lawyer Greg King Mr Stephens agreed that he was unable to say what had happened to those boots, but thought they may have been given out as samples or sold at trade shows.

Mr Stephens also said he could not know if the boots were sold online from the American company or were parallel imported. He did not have the exclusive rights to import the boots.

11.09am: Evidence focuses on footprints

A new phase of the trial has begun with witnesses now to be called about footprints found at the scene the morning Scott Guy was killed.

The Crown has told the jury about distinctive ripple-soled footprints found near Mr Guy's body and around the property.

Ewen Macdonald is alleged to have owned a pair of proline dive boots with the same sole.

Richard Stephens, an importer of hunting equipment into New Zealand, supplied to Hunting and Fishing Ltd items like ammunition, decoys, firearms and things like footwear.

He said he imported a dive boot with the brand name Proline, from a company in America.  However they were not the importers.

10.55am: Hunting equipment seized from Macdonald's home

The jury has begun hearing further evidence about extensive searches done on the Guy family farm as part the police investigation into Scott Guy's murder.

Detective Glen Jackson searched the roadside near Mr Guy's home, recording tyre impressions and finding items like a takeaway coffee cup lid.

He said items found, like the coffee cup lid, were sent away to be tested.

A Winfield Gold cigarette packet was also found.

Mr Jackson also seized a variety of hunting equipment from Ewen Macdonald's home.

He said he had gone with a list of gear Macdonald was supposed to own and was helped by Anna Macdonald to find the gear.

Mr Jackson also found a splitting axe. An axe was used to smash up Scott and Kylee Guy's new home.

Detective Laurie Howell seized a number of items from Macdonald's home including a bicycle, a pair of his hunting boots and a presentation he had prepared for the farm manager of the year competition.


Ewen Macdonald has denied murdering Scott Guy by shooting him twice in the early morning of July 8, 2010, in the driveway of his home.

The trial will begin this week finishing evidence on the search of Macdonald's farm before moving on to detailed evidence about the footprints found around Mr Guy's body.

Among the witnesses the jury is expected to hear from is pathologist John Rutherford, who performed the autopsy, concerning the wounds to Mr Guy.

The Crown is expected to finish its evidence this week. The defence will then make a decision on whether to call evidence before the final stages of the trial with closing addresses to the jury.

Last week the jury heard hours of a police DVD interview with Macdonald, which culminated in his admitting he and Callum Boe had committed the arson and vandalism of Scott and Kylee's property.

The police caught him out after telling him that Boe had told them everything. Macdonald then went on to explain the pair had done it for a challenge and fun.

But it was the evidence from his wife, Anna – Mr Guy's sister – that made the biggest impact. She said she had asked him during prison visits whether he had killed her brother and why he damaged their homes.

He denied killing Mr Guy but admitted painting the Guys' new house with obscene words directed at Kylee, and setting fire to an older house.

The rest of the week was dominated by the Crown going over its evidence about timing, missing puppies and nasty letters in the Guys' letterbox.

The public gallery has been packed most days, with school pupils among those attending.


Day 14: Live coverage

Day 13: Live coverage

Day 12: Live coverage

Day 11: Live coverage

Day 10: Live coverage

Day 9: Live coverage

Day 8: Live coverage

Day 7: Live coverage

Day 6: Live coverage

Day 5: Live coverage

Day 4: Live coverage

Day 3: Live coverage

Day 2: Live coverage

Day 1: Live coverage

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