From: John Howat, [EMAIL PROTECTED] Steve, a number of Cybershooters have previously asked me for info about the use of firearms for self defence in NZ. This case is a little unusual. JohnH -------------------- STUFF: NATIONAL NEWS - STORY : New Zealand's leading news and information website NATIONAL NEWS TUESDAY, 15 AUGUST 2000 Uncles found not guilty in murder trial By JON MORGAN Stephen Uncles walked from the High Court in Palmerston North last night a free man after a jury found him not guilty of murder. The 37-year-old Dannevirke freezing worker had been accused of murdering James Tulloch, 37, a Taupo logging contractor, when he shot him at Ormondville on February 15. There was stunned silence broken by sobs from the families of both men as the jury delivered its verdict after deliberating for 4-1/2 hours. Uncles was discharged by Justice Neazor and was then overwhelmed by the hugs and kisses of his family and friends. His father, Brian Uncles, said the family was feeling too emotional to comment on the verdict. Mr Tulloch's family was also overcome with emotion. His wife, Vic, said justice had not been served. She said the trial had heard a side of him which bore no relation to the real person. "He wasn't like that. He was a neat guy, he'd help anybody. He'd give you the shirt off his back," she said. The trial was told Mr Tulloch had attacked Uncles during a drinking session which had ended in an argument about how to bring up children. Uncles said he had been so terrified of Mr Tulloch that he feared for his life and the life of his partner. He had run to his room, loaded his rifle and returned. He had ordered Mr Tulloch to leave but instead Mr Tulloch had advanced on him, saying "come on, shoot me". When Mr Tulloch was close to him, he felt "a sort of lurch" and the gun went off. One of Mr Tulloch's hands may have been on the gun. The crown disputed this, saying the alleged attack by Mr Tulloch was a minor scuffle between two drunk men and that Uncles was stung by being humiliated in his own home. Uncles loaded his rifle and when Mr Tulloch taunted him, Uncles shot him at point-blank range. Prosecutor Matthew Downs said that in the ensuing panic Uncles told good friend Kenny Smythe: "I've killed your brother-in-law". Uncles's lawyer, Bill Calver, told the jury it would be making "a huge, ghastly, shocking, manifest injustice" if Uncles was found guilty of murder. If Uncles was found guilty of manslaughter it would still be a substantial injustice, he said. Mr Calver said that after being violently attacked Uncles had got his rifle to protect himself while making Mr Tulloch leave. The last thing Uncles had expected was Mr Tulloch to continue the confrontation. The case cried out for a finding of self-defence, Mr Calver said. -- ------------ John Howat Please remember, if you own or use a car you are more likely to be killed or injured in a vehicle-related incident. Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___________________________________________________________ T O P I C A The Email You Want. http://www.topica.com/t/16 Newsletters, Tips and Discussions on Your Favorite Topics
