Ag 10 september, 2014

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P6 ASHBURTON

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Wednesday, Sept 10, 2014

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Accused opt for trial in Gairns case The four accused of manslaughter in relation to the death of AJ Gairns in Ashburton in May have elected to go to trial. Desmond Kapi Marshall, 46, Verdun Ashley Perry, 24 and Kooly Managki Te Tomo, 26, all of Ashburton, and Olivia Toby Frances Lucas, 26, formerly from Ashburton, appeared before Justice David Gendall in the High Court in Christchurch yesterday. All denied the manslaughter charges before them. Two of the accused attended the sitting, while the other two appeared by video link from Timaru. The case may be set for trial in the High Court in Timaru in June next year. A case review hearing was set down for November 11. Marshall admitted a charge of assaulting Mr Gairns with intent to rob him in June, and was remanded in custody. At the same sitting of the Timaru District Court, Lucas, Perry and Te

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Tomo were remanded at large without plea. On August 19 manslaughter charges were laid against all four accused. They appeared in the Timaru District Court again on August 21 to face the fresh charges, to which no pleas were entered. During that sitting, Judge Joanna Maze granted an application by the defence to transfer the charges of assault with intent to rob to the High Court, and to amend the charge so it was recorded as an alternative to the manslaughter charge. In effect, this means if the court is able to prove the manslaughter charge, the Crown will withdraw the lesser charges against Lucas, Perry and Te Tomo. However, Marshall will be sentenced on both the manslaughter and the assault charges, should the matters be proved by the High Court. Mr Gairns was found dead in a drainage runoff area in Ashburton on June 1. Police allege he died in the early hours of May 29.

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