Murder convictions appealed

The relations convicted of murdering a Rakaia farmer in 2019 have appealed their convictions on the grounds of an unfair trial.

Dairy farmer Tony Grant Waldron was bludgeoned to loss of life whereas he slept in his Gardiners Highway residence in Rakaia in September 2019.

His accidents had been so unhealthy that police initially thought Waldron had been shot.

The physique of the daddy of two younger women was found by a co-worker after Waldron failed to show up for milking at 5.30am on September 18.

The pair appealed their homicide convictions within the Court docket of Attraction in Christchurch yesterday with their attorneys claiming an unfair trial.

Put up-mortem proof indicated Waldron, 29, had been struck not less than 3 times with a stable weapon, leaving accidents to the aspect of his head, ear and neck together with a damaged jaw and fractured cranium.

Police launched a murder investigation codenamed Operation Gardiner, looking a automobile, a few properties in Rakaia and Christchurch, and the Rakaia and Selwyn riverbeds. The Nationwide Dive Squad additionally helped with a search of irrigation and effluent ponds however the homicide weapon was by no means discovered.

Waldron’s estranged 35-year-old spouse Alana Jane Bamber and her cousin Joshua Dylan Morris-Bamber, a 28-year-old chef, had been charged with homicide and convicted.

The pair denied murdering Waldron or having any half in his loss of life.

The Crown case was that Bamber inspired her cousin to assault Waldron, who she claimed had been having an affair. Bamber supplied her cousin with Waldron’s tackle on the evening of the homicide.

The Crown alleged Morris-Bamber drove from Christchurch to Waldron’s farm, with cellphone knowledge and CCTV from NZTA cameras selecting up his actions.

His automobile was captured passing a golf course going within the course of Gardiners Highway at 12.56am.

The identical automobile is seen passing the identical golf course once more, heading again to Rakaia, at 1.04am.

With driving time, the Crown claimed Morris-Bamber had “not less than 4 minutes” at Waldron’s residence, which they claimed was “ample time” to go inside and fatally assault him whereas he was sleeping.

Nevertheless, Morris-Bamber claimed he went to speak to Waldron however had second ideas when he arrived and didn’t enter the property.

A jury discovered each Bamber and Morris-Bamber responsible of homicide in October 2022.

In December 2022, Justice Gerald Nation sentenced Morris-Bamber to life imprisonment with a minimal non-parole interval of 16 years. Bamber was given a life sentence with a minimal non-parole interval of 13 years.

Yesterday their attorneys argued that the conviction of Bamber and Morris-Bamber relied closely on proof from a witness who informed police she noticed a message from Morris-Bamber asking Bamber for Waldron’s tackle and saying he needed to let loose some anger.

Morris-Bamber denied sending the message in his proof.

The enchantment attorneys argued that the witness modified her story, mentioning the message in her third assertion – and solely after the police provided her immunity from prosecution for perverting the course of justice. They argued that she had a motive to lie whereas the Crown argued that the witness had initially forgotten concerning the message.

Bamber’s lawyer Kerry Prepare dinner stated Justice Nation ought to have supplied a warning to the jury on how one can consider probably unreliable witness testimony. The Crown argued that it was clear from the courtroom proceedings and cross-examination that they wanted to guage her proof, and calling particular consideration to her testimony can be unfair to the witness.

Prepare dinner stated Justice Nation stopped cross-examination of the witness over some messages that might have highlighted some credibility points, whereas the Crown argued that the messages weren’t related to the case.

Prepare dinner additional stated that Justice Nation didn’t inform the jury that Bamber was not required to provide proof and that shouldn’t be counted towards her. The Crown argued that this was not a requirement.

James Rapley KC, showing for Morris-Bamber, stated the alleged message was relied on “closely” in convicting Morris-Bamber.

He stated there was no forensic proof that he was in Waldron’s home, none in his automobile, his residence, or the place he was alleged to have disposed of things.

However there was proof that he went to Waldron’s tackle and the disputed message was used for the “why and intentions”, Rapley stated.

He disputed that Morris-Bamber was offended and the “anger message” solely surfaced after the witness was provided immunity.

The enchantment attorneys additionally objected to the immunity paperwork being put earlier than the jury.

The wording in that doc stated the witness had been provided immunity for telling the reality. The attorneys argued that this might sway the jury to believing it meant the witness had informed the reality.

“The immunity certificates was deceptive,” Rapley stated.

The Crown argued the doc was submitted as proof for transparency.

Bamber’s attorneys additionally appealed her sentence and put ahead an argument that she ought to have been given extra credit score for her first conviction on the age of 35 and her private circumstances.

The three Court docket of Attraction Justices, Susan Thomas, Christian Whata, and Francis Cooke, will think about the case and launch their resolution within the coming weeks.

By Sharon Davis