Guy jury told of accused's phone call

Last updated 16:58 06/06/2012

Scott Guy Trial

Scott Guy murder trial Day 2

Ewen Macdonald
PHIL REID/Fairfax NZ
THE DEFENDANT: Ewen Macdonald in the dock in the High Court at Wellington yesterday on the first day of his trial for the murder of Scott Guy.

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"Someone’s killed Scott," Ewen Macdonald told Scott Guy's father at the scene where the Feilding farmer's body was found dead.

32-year-old Macdonald, Scott Guy's brother-in-law, has pleaded not guilty to the murder of Guy by shooting him twice in the pre-dawn darkness on July 8, 2010.

The Crown case is that Macdonald killed Guy over tensions about the future of the farm where they both worked.

Bryan Guy told the High Court at Wellington today that he had rushed to the scene after getting a distressed, incoherent call from Macdonald on that morning.

Guy said he drove up Aorangi Rd and found Macdonald sitting on his quad bike on the side of the road.

"He was very very distressed ...said to me someone's killed Scott.''

He drove on to the scene and was met by neighbour Bruce Johnstone.

"Bruce said he was sorry and gave me a hug and told me not to go see Scott."

Guy said he could not remember why he thought Scott had been shot but he asked the police at the scene if Scott had been shot or if his throat had been cut.

The police officer said he could not tell him which he took to mean he did not know.

Guy then asked who was with Scott's partner Kylee and their son and when they said no one he thought he should go into the house.

Initially the police had not wanted him to go up to the house but he was insistent until police found him a way up to the house.

He rang his wife and told her Scott had been murdered and they could not leave the house.

He later rang Macdonald at 8.11am to find he was still at the police cordon. He told him he should go home and be with his family.

Later Bryan Guy and a seven-months pregnant Kylee were able to leave the house after talking to the police.

He said the question was more why someone would do that to Scott than how he died.

They then went to Macdonald's house.

He told the jury he stayed at the house while Macdonald carried on organising the work on the farm.

Guy said he regretted that he was not honest with police about where the farm shotgun had been.

He said he was conscious it was not locked up and he had done the wrong thing and did not want to admit it.

They had been using it to scare birds off the silage for a few weeks.  

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It had been in the farm office.

He put it away after getting to Macdonald's home on July 8.

He said knowing the Scott had possibly been shot he was conscious that there was an unsecured firearm.

Crown prosecutor Ben Vanderkolk had told the jury that the shotgun could not be excluded as the weapon that had killed Scott.

Bryan Guy will return to give evidence several times through the trial as various phases of the investigation are explained to the jury.

THE FIRST RESPONSE

St John paramedic Robert Hiscox said they got a call to say a man had his throat cut in Aorangi Rd and hurried to the scene.

Police told him it was a body and took him up to to the scene.

Hiscox said he could see a wound across the throat.

"I could see a large open wound, his eyes were open, there was quite a bit blood round the head and shoulder region, quite a bit of blood loss."

He said in his opinion he was dead.  He did not need to touch Guy to determine that.

The High Court at Wellington earlier heard that Macdonald told police on the day Guy was found dead that he had seen the Feilding farmer's body from a distance of about 10 metres.

Constable Leanna Bloemendaal said she had arrived at the scene very soon after the first police officer and took the details of three men standing there.

She also spoke to a fourth man who arrived, who identified himself as Ewen Macdonald, although she was not sure what time he turned up, only that it was after police.

Bloemendaal said Macdonald volunteered the information that he had seen the body from 10 metres away.

Shortly after everyone was moved back behind a police cordon and she heard Macdonald make a comment about everyone there wearing gumboots and turned it into a joke.

Part of the Crown's case is that Macdonald was wearing distinctive proline diving boots with a rippled sole.

'THERE'S BEEN AN ACCIDENT'

The first police officer at the scene said this morning he told Guy's partner that there had been an accident and it was serious.

Feilding constable Neil Martin went to the scene after getting a call from police communications that a man was in the driveway of an Aorangi Rd house with his throat cut.

He arrived within minutes and saw a body on its back lying in front of a vehicle in the driveway to Guy's house.

Martin said he checked for a pulse but did not find one, "There was a gaping hole to his throat, his eyes were open but glazed over."

An ambulance officer then pronounced Guy dead.

Martin said he was aware of someone arriving on a quad bike but did not take any notice. The jury has already heard Macdonald arrived on a quad bike.

Shortly after Martin spoke to Guy's partner Kylee who had come out of the house and told her there had been an accident and it was serious.

Deer farmer Bruce Johnstone had seen Kylee at the back door of the house with their son Hunter in her arms while the police were at the scene.

He suggested to police someone needed to go to the house after Macdonald asked about Kylee.

Johnstone had been the second at the scene to see Guy's body after being called by the neighbour who found him. It was Johnstone who had called Macdonald.

Shortly after Guy's father Bryan turned up and Johnstone said to him it would not be a good idea to see Scott and instead he went up to the house to Kylee.

He said he had asked Macdonald about what time Guy had been due to be at milking and he said 5am. Macdonald had texted Guy about being at milking that morning and got no reply. He did not get a reply when he called either.

Johnstone said he helped put up the cordon before Macdonald arrived. He was unsure if Macdonald got close to Guy's body.

Under cross examination by Macdonald's lawyer Greg King he accepted he might not have told Macdonald that Guy's throat had been cut, but rather that he had been killed.

Johnstone said he was now not sure but accepted that was what he had told the police on the day.

'I COULD SEE HE WAS DEAD'

Johnstone who lived nearby, had been called by another neighbour, David Berry, just after 7am. Berry had found Guy's body lying at the end of his driveway by his still running vehicle.

He said Berry told him he found Guy dead on the road and his throat was cut.

He and his partner's son went down the road and saw Guy lying there.

"I was quite shocked at what he told us."

Johnstone said he approached Guy's body, and got to about 6 feet away and did not get closer. "I could see he was dead," he said.

He said it was close enough to see the wounds.

"There was quite a pool of blood round his shoulders and head."

He said Guy's head was slightly turned and there was a gaping wound in his throat.

He could see why Berry had thought his throat was cut.

There was no point in checking Guy's pulse, he said.

Johnstone then made his way back to the road.

He said he then called Macdonald and told him to get down there.

FIRST ON SCENE TELLS OF HIS FEAR

Berry resumed giving evidence this morning. He had found Guy's body at the end of his driveway and thought his throat had been cut.

Berry heard someone say Guy had been shot while waiting at the police cordon.

He said he had not heard that before, at that stage he had thought Guy's throat had been cut.

He did not know who had said it or even if it had been male or female.

Berry who had been on his way to work had found Guy's body lying at the end of his driveway beside his still running vehicle. He got out to check him.

Berry said he called 111 at 7.08am and spoke to police.

"My neighbour has had his bloody throat cut."

He repeated that Guy's throat had been cut several times and told them he was dead and past being resuscitated.

Police asked him about weapons but he said he could not see any but the weapon used was probably a knife.

Concerned about his own safety, Berry then locked himself in the cab of his truck.

He called Johnstone, who also came down. He had another man with him.

They both went to look at Guy's body.

It was Johnstone who rang Macdonald, who came down on his motorbike.

JURY DOWN TO 11

The jury is down to 11 after a female juror "became unavailable" just one day into the trial.

Justice Simon France told the court of the development as the trial began its second day.

No further explanation was given.

The trial in the High Court at Wellington is expected to take a month.

- Stuff

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