Ag 22 august, 2014

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Abduction inquiry called off

Proper GUAR DIAN

st 22 , 2014

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ASHBURTON

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Friday, August 22, 2014

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High Court next stop for accused BY MICHELLE NELSON MICHELLE.N@THEGUARDIAN.CO.NZ

Four people charged with the manslaughter of Ashburton man AJ Gairns will make their next appearance in the High Court. Yesterday Desmond Kapi Marshall, 46, Olivia Toby Frances Lucas, 26, Kooly Managki Te Tomo, 26 and Verdun Ashley Perry, 24, appeared separately in front of Judge Joanna Maze in the Timaru District Court yesterday. They are jointly accused causing Mr Gairns death by manslaughter. Lucas, Te Tomo and Perry were due to plead to a lesser charge of assault with intent to rob yesterday. However, that was overridden when the manslaughter charges were laid earlier this week. Judge Joanna Maze granted defence lawyers’ applications 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

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Crown is able to prove the manslaughter charge, the Crown will withdraw the lesser charge. Marshall had previously pleaded guilty to the assault charge, and was due to be sentenced next week. That appearance was also cancelled in view of the fresh charge, but Marshall will be sentenced on both the manslaughter and the assault charges, should he be found guilty in the High Court. He was remanded in custody, where he has been held since his arrest in June, without plea on the manslaughter charge. The remaining three accused were remanded on bail without plea on all matters. All four accused will next appear in the High Court sitting in Christchurch on September 5. Mr Gairns’ body was found in a drainage run-off area behind commercial premises on West Street on June 1. A post-mortem established the cause of death was drowning. Police alleged he was assaulted in the early hours of May 31, shortly before he died.

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