Murder probe 'hopeless'

Macdonald said cops had no idea - witness

Last updated 05:00 12/06/2012

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Murder-accused Ewen Macdonald told Callum Guy the inquiry into Scott Guy’s death was "hopeless" and police had no idea, a jury has been told. 

Callum Guy told the High Court at Wellington about this on the sixth day of Macdonald’s murder trial.

The day ended when Callum Guy finished in the witness box.

He followed sister Nikki and mother Jo, who along with farm worker Simon Asplin, all gave evidence today.

Macdonald is accused of gunning down Scott Guy, his brother-in-law, at 4.43am on July 8, 2010, at the gates of his Aorangi Rd property in rural Feilding.

The defence says Macdonald is not the killer.

Callum Guy recalled Macdonald talking about the inquiry after he was interviewed by police sometime between August and December 2010.

"I think that he’d been asked if he knew who had done it and he sort of laughed and said it’s hopeless and they’ve got no idea. He was referring to police on the investigation," Callum Guy said.

"At the time I didn’t really take much notice of the comment."

Callum Guy said on July 8, 2010, he was phoned by Macdonald to tell him something had happened.

"I can remember him saying there has been an accident on the farm and Scott was involved."

When he got there, Callum Guy, who still didn’t know his brother was dead, saw his mother Jo.

"My mother said somebody’s killed my baby."

Callum Guy said either his mother or sister Nikki had said Scott had been shot.

All three Guys told the court about an argument between Macdonald and Scott Guy at a family dinner in 2009.

Macdonald had vented his frustration at Mr Guy leaving milking early and Mr Guy and his wife Kylee had walked out.

Nikki Guy said Macdonald continued having dinner.

"He was sitting there with his arms crossed and he didn’t look that worried or concerned that he’d caused the upset and ruined our dinner party," Ms Guy said.

Jo Guy spent most of the morning in the witness box.

She said she and husband wanted to discuss future plans for the farm and Macdonald was worried about this.

4:12pm: Callum Guy told a jury about a confrontation between his brother Scott and Ewen Macdonald at a family dinner.

The court had already heard from Jo and Nikki Guy about the argument at their clothing shop Reve’s 5th birthday celebrations in 2009, and Callum Guy gave his account of what happened too.

He was giving evidence on day six of Macdonald’s murder trial in the High Court at Wellington today.

Macdonald is accused of gunning down Scott Guy, his brother-in-law, at 4.43am on July 8, 2010, at the gates of his Aorangi Rd property in rural Feilding.

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The defence says Macdonald is not the killer.

On the night in question Callum Guy had been milking cows at the family farm but was on a rostered early finish.

"Scott left not long after me and Ewen stayed to help clean up and they got into a bit of an argument over that," Callum Guy said.

He was sitting at the table with Macdonald at the Elm Café in Palmerston North when Macdonald got angry, prompting Mr Guy and his wife Kylee to walk out.

"I definitely felt very uncomfortable. I could tell they were both getting really frustrated with each other and it resulted in Scott getting fired [up] and he left the restaurant."

3.32pm: Callum Guy remembers his older brother Scott worrying about Macdonald trying to take over the farm.

Scott Guy was also unhappy that Macdonald had a shareholding in the family operation, known as Byreburn.

Callum Guy was giving evidence on day six of Macdonald's murder trial in the High Court at Wellington today.

Macdonald is accused of gunning down Scott Guy, his brother-in-law, at 4.43am on July 8, 2010, at the gates of his Aorangi Rd property in rural Feilding.

The defence says Macdonald is not the killer.

"I can remember Scott saying - I didn't think he was happy with Ewen having shares in the farm," Callum Guy said.

"I think he probably felt Ewen was trying to take over the farm. Scott wanted it more to be between him and my father."

Callum Guy has worked periodically on the family farm since leaving high school.

2.56pm: Scott Guy's sister Nikki said he would often chat about Ewen Macdonald.

Mostly he would have a moan together, but that changed towards the end of Mr Guy's life.

Mr Guy had said he had a good time with Macdonald at a dairy conference in the South Island June 2010 and looked forward to the pair working together, Ms Guy said.

She was giving evidence on day six of Ewen Kerry Macdonald's murder trial in the High Court at Wellington this morning.

Macdonald is accused of gunning down Mr Guy, his brother-in-law, at 4.43am on July 8, 2010, at the gates of his Aorangi Rd property in rural Feilding.

The defence says Macdonald is not the killer.

Ms Guy said when she returned to Manawatu, she noticed a rivalry between her brother and Macdonald.

"Usually when I caught up with Scott he would always have a bit of a moan about Ewen and vent his frustration about working with him," Ms Guy said.

"The last time I talked to him he didn't really say anything about Ewen at all. It really appeared to me as if he'd moved on and was looking forward to the future and a good working relationship together."

In 2004, when Ms Guy moved back to the family farm to open a women's clothing shop Reve with her mum Jo, Mr Guy and Macdonald were equals.

"But the farm wasn't big enough for both of them to have the same equal roles.. It was kind of, just a little bit, of a rivalry between them."

Five years later, Reve turned five and family were going to have dinner together.

But as she was walking to the café where the dinner was to be held, Ms Guy saw her brother and his wife Kylee leave.

She found out he had stormed out after Macdonald complained he had left milking early  that day to attend Reve's celebrations.

Macdonald remained at the dinner.

"He was sitting there with his arms crossed and he didn't look that worried or concerned that he'd caused the upset and ruined our dinner party," Ms Guy said.

2.35pm: Jo Guy finishes giving evidence and is replaced by her daughter Nikki.

2.27pm: Scott Guy's mother has told a jury she asked Ewen Macdonald if her son had been shot when she arrived at a police cordon the day he died.

Earlier in the day Jo Guy said she had arrived and asked Macdonald what happened.

In reply he had said: "I don't know, I don't know, I think he was shot".

But defence lawyer Greg King referred Mrs Guy to a statement she made to police in April last year.

In it Mrs Guy said she had asked Macdonald if Mr Guy had been shot.

He said: "I don't know, I don't know, I think so."

Mrs Guy agreed that was the correct version of events.

She was giving evidence on day six of Ewen Kerry Macdonald's murder trial in the High Court at Wellington this morning.

Macdonald is accused of gunning down Mr Guy, his brother-in-law, at 4.43am on July 8, 2010, at the gates of his Aorangi Rd property in rural Feilding.

The defence says Macdonald is not the killer

Mrs Guy said Macdonald had also told her that morning: "It shouldn't have happened. It's wrong."

2.16pm: The Macdonald murder trial has resumed, with Scott Guy's mother, Jo, being cross-examined by defence lawyer Greg King.

12.46pm: The Ewen Macdonald murder trial has broken early for lunch. It will resume at 2.15pm.

12.30pm: In the days leading up to Scott Guy’s shooting, his parents attended a planning course to discuss the family farm’s future.

When Mr Guy’s mother Jo gave evidence in the High Court at Wellington today, the jury heard that Macdonald was concerned about some of the ideas to come out of the course.

Mrs Guy is giving evidence on day six of Ewen Kerry Macdonald’s murder trial in the High Court at Wellington this morning.

Macdonald is accused of gunning down Mr Guy, his brother-in-law, at 4.43am on July 8, 2010, at the gates of his Aorangi Rd property in rural Feilding.

The defence says Macdonald is not the killer.

Mrs Guy said she and her husband, at the instigation of their bank, had attended an Ice  Bridge programme in Christchurch where they developed some ideas for the family farm, known as Byreburn.

Bryan Guy had written a document outlining the farm’s direction, which included plans to hold a discussion with Scott and Kylee Guy and Macdonald and Anna in September.

A long-term goal was for Bryan and Jo Guy to sell a further 20 per cent shareholding in the farm to their children.

Another idea was to build a recreational lake on farm land.

"That was a long-term plan that we could do a lake up near Scott’s house," Mrs Guy said.

"Scott got very excited about it."

But Macdonald was worried and his wife Anna, Scott’s sister, had come to her parents to express concern.

"Anna had said to us Ewen is a bit worried something on the dairy farm might fall over and finish and he would be out of the picture, but it wasn’t really like that," Mrs Guy said.

Defence lawyer Greg King asked Mrs Guy if, apart from one outburst in 2009, Macdonald and Mr Guy had argued.

"Mainly it was more undercurrents probably, and lack of communication," Mrs Guy said.

She agreed with Mr King that farm worker Simon Asplin was the "farm gossip" and would "at times" play Mr Guy and Macdonald off against each other.

11.24pm: At a series of meetings about the future of the Guy family farm, Scott Guy said he thought it was his to inherit.

His mother Jo wasn't impressed, saying that's not how things worked now. 

Mrs Guy is giving evidence on day six of Ewen Kerry Macdonald's murder trial in the High Court at Wellington this morning.

Macdonald is accused of gunning down Mr Guy, his brother-in-law, at 4.43am on July 8, 2010, at the gates of his Aorangi Rd property in rural Feilding.

The defence says Macdonald is not the killer.

Mrs Guy said in 2006 a farm consultant was hired to look at the direction of Byreburn - the family operation ­- and meetings were held involving Macdonald and his wife Anna, Scott and Kylee Guy, as well as Jo and Bryan.

The consultant expressed his view about family businesses.

"I remember him saying that families in business together don't often work well," Mrs Guy said.

She thought Scott Guy had told the consultant he thought he should inherit the farm.

Bryan Guy said "that's not going to happen".

Mrs Guy said she wasn't impressed either.

"You don't just do that these days... we had to buy out Bryan's parent's farm. You just don't inherit things."

At another meeting, Scott Guy had read out a letter mentioning Macdonald which Mrs Guy thought was "harsh", although she couldn't remember the letter's contents.

By 2009, a women's clothing store Mrs Guy owned with another daughter, Nikki, in Palmerston North, was celebrating its fifth birthday.

In September that year a function was held for clients and friends, before a family dinner.

Mrs Guy recalled Scott and Kylee arriving at the function, while Macdonald and Anna arriving a little later.

During dinner, Macdonald made remarks about Scott Guy.

"Ewen said he was sick of Scott skiving off and he wasn't pulling his weight and that sort of thing."

The outburst was "completely inappropriate" and Mr Guy stormed off.

Mrs Guy said had not heard anything like that from Macdonald before the dinner or since.

10:44am: As a boy Scott Guy was always dressed up as a cowboy for school fancy dress parties.

And as a young man, he became a cowboy for 11 months in Australia, his mother Jo Guy told the High Court at Wellington this morning.

Mrs Guy was giving evidence on day six of Ewen Kerry Macdonald’s murder trial.

Macdonald is accused of gunning down Mr Guy, his brother-in-law, at 4.43am on July 8, 2010, at the gates of his Aorangi Rd property in rural Feilding.

The defence says Macdonald is not the killer.

Mrs Guy said her son left school, which he wasn’t a "huge fan" of, in the sixth form to attend an agricultural college in Wairarapa.

After that he worked over there for a while, before going to a Wellington with a girlfriend.

Down in the capital city, he struggled, Mrs Guy said.

"He found it harder to get a job than he first thought. He was broke and hungry pretty much so he rang home and asked if there was a job on the farm."

So for a while Mr Guy worked at the family farm, known as Byreburn, before heading to the Australian outback for an "adventure" and to work as a cowboy.

"He always used to dress up as a cowboy to every fancy dress party at school," Mrs Guy said.

He returned to New Zealand to work in Hawke’s Bay, where he met Kylee, whom he later married.

In 2003, the two returned to Byreburn.

Mrs Guy said she was aware that eventually Kylee wanted to return to Hawke’s Bay.

"Manawatu’s not great on the weather is it?" Mrs Guy said.

"It’s great for farming, but to compare it to Hawke’s Bay - that’s a lovely place to live."

10.20am: The mother of slain Feilding farmer Scott Guy has tearfully recalled the day she learned of her son’s death.

On July 8, 2010, Jo Guy left for the Makino pool in Feilding to go swimming.

When she returned to an empty house, she thought it was strange.

Then her husband Bryan rang with some bad news.

"I just had a shower and when I hopped out he just rang and said there’s been a tragedy," Mrs Guy said.

"He said 'it’s Scott, something terrible’s happened, please get out here'."

Mrs Guy was giving evidence on day six of Ewen Kerry Macdonald’s murder trial in the High Court at Wellington this morning.

Macdonald is accused of gunning down Mr Guy, his brother-in-law, at 4.43am on July 8, 2010, at the gates of his Aorangi Rd property in rural Feilding.

The defence says Macdonald is not the killer.

Once Mrs Guy arrived at the cordon she met the man who found the body, David Berry, then Macdonald.

Mrs Guy thought she asked him what had happened.

They hugged and Macdonald said: "I don’t know, I don’t know, I think he was shot".

10.08am: Farm worker Steve Asplin says he preferred working with Ewen Macdonald over Scott Guy.

Under questioning from defence lawyer Greg King, Mr Asplin also said the Guy famly farm, know as Byreburn, ran smoothly after Mr Guy's death.

Mr Asplin was giving evidence on day six of Macdonald's murder trial in the High Court at Wellington this morning.

Macdonald is accused of gunning down his brother-in-law Scott Guy at 4.43am on July 8, 2010, at the gates of his Aorangi Rd property in rural Feilding.

The defence says Macdonald is not the killer.

The Crown has moved on to its second phase of evidence about the relationship between Macdonald and Scott Guy.

It says Macdonald was motivated to kill because of tension on the farm.

Mr King asked Mr Asplin if he thought the farm was running "smoother than ever" after Mr Guy died.

"It was running smoothly, yes," Mr Asplin said.

He said he did complain to Mr Guy about Macdonald and to Macdonald about Mr Guy, but denied doing so frequently.

Mr Asplin said he did not think he played the two off against each other.

TRIAL RESUMES - DAY 6

Jo Guy, the mother of murder victim Scott Guy, is expected to take the stand at the trial of Ewen Macdonald today.

Yesterday, nine people gave evidence and many talked about an apparent rivalry between Mr Guy and the accused, Ewen Macdonald.

Farm consultant Simon Redmond recalled a conversation with Macdonald after Mr Guy's death where Macdonald said shotguns were not traceable.

''He just said you can't tell which gun's been used.''

Mr Redmond said he presumed Macdonald got such information from his brother, who was a police detective.

Farm worker B J Worthington, also known as Arthur Whittaker, said he remembered talking with a friend about Mr Guy's killer being a ''coward'' who would have got nowhere in a one-on-one.

Macdonald stayed silent when the conversation was relayed to him.

Another time, Macdonald had said the death penalty should be brought back for Mr Guy's killer.

Another farm worker, Jackson Gilbert, described Macdonald as the best boss he ever had, but noticed a ''rivalry'' between him and Mr Guy.

Fellow worker Andrew Short said the  relationship between the pair was ''hot and cold''.

Scott Guy's sister Nikki said he would often chat about Ewen Macdonald.

Mostly he would have a moan together, but that changed towards the end of Mr Guy's life.

Mr Guy had said he had a good time with Macdonald at a dairy conference in the South Island in June 2010 and looked forward to the pair working together, Ms Guy said.

She was giving evidence on day six of Ewen Kerry Macdonald's murder trial in the High Court at Wellington this morning.

Macdonald is accused of gunning down Mr Guy, his brother-in-law, at 4.43am on July 8, 2010, at the gates of his Aorangi Rd property in rural Feilding.

The defence says Macdonald is not the killer.

Ms Guy said when she returned to Manawatu, she noticed a rivalry between her brother and Macdonald.

"Usually when I caught up with Scott he would always have a bit of a moan about Ewen and vent his frustration about working with him," Ms Guy said.

"The last time I talked to him he didn't really say anything about Ewen at all. It really appeared to me as if he'd moved on and was looking forward to the future and a good working relationship together."

In 2004, when Ms Guy moved back to the family farm to open a women's clothing shop Reve with her mum Jo, Mr Guy and Macdonald were equals.

"But the farm wasn't big enough for both of them to have the same equal roles.. It was kind of, just a little bit, of a rivalry between them."

Five years later, Reve turned five and family were going to have dinner together.

But as she was walking to the café where the dinner was to be held, Ms Guy saw her brother and his wife Kylee leave.

She found out he had stormed out after Macdonald complained he had left milking early that day to attend Reve's celebrations.

Macdonald remained at the dinner.

"He was sitting there with his arms crossed and he didn't look that worried or concerned that he'd caused the upset and ruined our dinner party," Ms Guy said.

- Manawatu Standard

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