Murder accused suspected ex of abusing daughter

2-27-2009 New Zealand:

The woman accused of the body-on-the-bonnet murder decided to kill her ex-partner because she suspected him of molesting their little daughter, a Crown lawyer told the High Court in New Plymouth yesterday.

Cindy Fairburn, 38, is alleged to have deliberately driven into the path of an oncoming car as Darin Paul Maxwell, 42, clung on to the bonnet.

The story of the 13km wild, crazy ride on State Highway 3 on August 6, 2007 unfolded in the High Court in New Plymouth yesterday.

The impact with the Isuzu was so severe, Mr Maxwell was flung from the bonnet and through the windscreen of the Isuzu.

His extensive injuries included bleeding lungs, a foot almost amputated, fractured legs and a deep cut on his shoulder.

Mr Maxwell died in the ambulance on the way to Taranaki Base Hospital.

The Isuzu's driver also suffered life-threatening injuries but survived after weeks in hospital.

Fairburn herself was knocked unconscious and critically injured, spending 15 weeks in hospital.

An infection resulted in a return to hospital where a leg was amputated.

Fairburn, who quietly wept as the jury trial started yesterday, has denied murdering her former partner and dangerous driving injuring the Isuzu driver, whose name is suppressed.

Fairburn's lawyers argue that her actions on the night were solely those of a woman defending herself from Mr Maxwell.

In opening, Crown prosecutor Cherie Clarke said Fairburn had been angry and upset since the Saturday before the fatal impact.

In response to her child's unusual cry after she was put to bed, Fairburn had gone in to her baby's room to find her tucked up in her cot, but without nappies and her nappy and pants neatly folded at the end of the cot.

In her mind, he had sexually abused their two-year-old daughter, Miss Clarke said.

The accused told others she wanted to either poison him or use a stun gun.

She reported the incident to police, taking them a cot sheet, hairs she said were pubic hairs she had found on the floor next to the cot and the underblanket so they could use them as evidence.

When told by police that Mr Maxwell would not be arrested immediately, she was angered, saying he should not be allowed to get away with it.

The accused had told a friend that if police were not going to do anything, she would.

On the Monday, the baby was examined by a paediatrician who found no evidence of a sexual assault and ESR tests weeks later found no evidence of semen on the baby's bedding, Miss Clarke said.

That night, she encountered Mr Maxwell at the Heritage Bar in Inglewood.

She had left the bar and he had somehow ended up on the bonnet of her car, Miss Clarke said.

Other drivers on the road that night described how Mr Maxwell was slipping and sliding across the bonnet as she veered across the white line on the main road in Inglewood, cars on the opposite side having to steer hard left to avoid her.

She then drove at speeds up to 120kmh on the open road with Mr Maxwell still clinging to the bonnet, Ms Clarke said.

At 9.53pm, nearly at the Mangorei Rd intersection, she suddenly and violently swerved her car directly into the path of the Isuzu which was travelling towards Inglewood, Miss Clarke said.

At the time, the accused's car was estimated to be travelling between 83 and 133kmh.

Weeks later, Fairburn told police that she had got a fright when he jumped on the bonnet outside the hotel yelling and screaming.

She had not wanted to stop the car in case he jumped into the car.

She said she had no memory of the collision.

The couple's history included a charge of Mr Maxwell threatening to kill her and the toddler in 2006.

But she withdrew her allegations saying she was concerned about his suicidal tendencies and she was charged with making a false statement.

Mr Maxwell had been convicted of assaults against two other women in 2002.

Defence lawyer Pamela Jensen said self-defence would be argued.

The accused did not murder Mr Maxwell nor did she intend to injure the Isuzu driver.

When she drove her car that night, the sole purpose was to defend herself against the actions of Mr Maxwell, Ms Jensen said. ..News Source.. by LYN HUMPHREYS

NZ- Murder-accused admits razing stepfather's house

10-21-2008 New Zealand:

A man accused of murdering his convicted sex offender step-father has admitted burning down his house.

Jamie Stewart Davies, 31, of Raglan, yesterday admitted a charge of arson at the start of his murder trial in the High Court at Hamilton.

Davies is charged with murdering his stepfather, Allan Wallace Davies, 57, whose body was found in his burned-out house in Struve St, Ngaruawahia, on September 28 last year.

Police arrested Davies four days later, in Tauranga.

An autopsy on Allan Davies showed he died before the fire, allegedly from injuries inflicted by the accused.

In his opening address, Crown prosecutor Ross Douch said Jamies Davies had arrived at his stepfather's home in the early hours of September 28 with the intention of confronting him.

The court heard that Allan Davies was due to be sentenced in the Hamilton District Court for historic sex offending. He had earlier been found guilty of five representative charges of committing indecencies with a girl under the age of 12.

Mr Douch told the court that in a taped interview at the Tauranga police station on October 2, Davies said he had "lost control" when confronting his step-father over his historic sex offending.

Davies admitted punching Allan Davies between 20 to 40 times.

During the taped interview, however, Davies insisted he had not gone round to the house to kill his stepfather but instead "to talk to him".

Mr Douch - citing a pathologist report - said Mr Davies' injuries included a 4cm fracture across his breast bone, an injury to the back of his head and neck injuries consistent with strangulation.

He said Davies had meant to cause the death of his step-father.

"He wanted him dead," Mr Douch told the jury.

The Crown is expected to call 18 witnesses, including a taxi driver who drove Davies to his stepfather's home on the day of the incident.

Defence counsel Paul Mabey QC, in his opening address, told the court that while Davies denied murdering Allan Davies, he did not deny killing him.

Mr Mabey said it was the jury's task to decide if Davies was guilty of murder or the lesser charge of manslaughter.

He said it was not a case of whether Davies could walk away free at the end of the trial.

The trial, before Justice Lang and a jury of six men and six women, continues. ..News Source.. by AARON LEAMAN

NZ- Court hears of mother's death threat

9-1-2008 New Zealand:

A solo mother accused of murdering a convicted paedophile told friends she was going to kill him after he was found sexually abusing a 10-year-old girl, a court was told.

Glen Stinson was bashed to death in a violent vigilante attack on July 31 last year in Foxton.

It is alleged that two men dealt blows to his head and neck in the savage attack that lasted as little as a minute, while the woman watched on, before leaving him for dead. His battered body was found dumped outside a poultry farm.

The woman, 32, who has name suppression, and Aubrey Harrison, 27, denied charges of murder and appeared in the High Court at Palmerston North yesterday. Mr Harrison's uncle, Bruce Tamatea, 46, has pleaded guilty to the murder.

On the night of the killing the group had been drinking at Tamatea's home, before Mr Stinson was found touching the girl.

His partner of three months, Lesley Moana, found him lying on the bed in the dark, under a blanket, with the girl sitting on his knee. Just three weeks earlier he had been accused of molesting a 15-year-old at the home.

Another woman at the party attacked Mr Stinson and he was pushed down the stairs.

Prosecutor Ben Vanderkolk said the woman "wanted to do more" and told the party she was "going to kill the bastard".

As Ms Moana and Mr Stinson walked back to his boarding house a car stopped and they were forced inside, but Ms Moana was dropped off.

The prosecution said Mr Stinson was kept as a "virtual captive", beaten by the woman as they drove out to Himatangi Beach and back to Foxton. It is alleged he was then punched and kicked to death by Tamatea and Harrison.

Mr Vanderkolk said the injuries were inflicted in more than one minute but less than five, showing the viciousness of the beating.

Mr Stinson had tearfully and pathetically asked them to stop and showed no signs of defending himself. The accused saw the attack as avenging the sexual abuse by killing the paedophile, Mr Vanderkolk said.

Twenty-five witnesses are expected to be called, including the girl abused by Mr Stinson.

Mr Stinson had a history of sex offences against young girls dating back to 1967, and was due to appear in court on four charges, including the attempted rape of a girl under 12, when he was killed. ..News Source.. by KELLY BURNS - The Dominion Post

Five arrested for vigilante murder

12-11-2007 New Zealand

Five men were arrested yesterday for stoning to death a man they had accused of raping a three-year-old girl, Pretoria police said.

“The man, 29, from Winterveldt north of Pretoria, was pulled out of his home in Winterveldt during the early hours of Sunday morning. He was then stoned to death,” said Inspector Paul Ramaloko.

After the killing, the toddler was taken to a doctor and it was discovered that she had not been raped.

“All five men will appear in the Ga-Rankuwa Magistrate’s Court soon,” Ramaloko said. ..more.. by Sowetan News

Hugs for death accused as he leaves court on bail

10-19-2007 New Zealand

A man accused of murdering his convicted sex offender father and burning down his house walked out of court and into the arms of waiting supporters after receiving bail yesterday.


Jamie Stewart Davies, 30, of Raglan, made a brief appearance in the Hamilton District Court before Judge Merelina Burnett, who was told bail was not opposed by police.

The body of Allan Wallace Davies, 57, was found in his burnt-out house in Struve St, Ngaruawahia, on September 28.

A post-mortem examination showed Mr Davies died before the fire, allegedly from injuries suffered in an assault.

Jamie Davies is charged with his murder, and arson.

Allan Davies was to be sentenced on Tuesday on five charges of indecently assaulting a girl under 12.

Davies' bail conditions were not read out in court, but the Waikato Times understands they include an order to report to police, not to be on licensed premises except for supermarkets, or to consume alcohol or drugs.

He also has to live in Raglan and surrender his passport.

A group of about half a dozen supporters waited for Davies outside court, and many engulfed him in hugs as he left the building.

Davies will reappear in court next month for pre-depositions. ..more.. by REON SUDDABY - Waikato

-------------------------------------------------------------------

Stepson cleared of murdering sex offender

10-24-2008 New Zealand:

Emotional supporters of Jamie Davies embraced and gave thumbs-up gestures after a High Court jury yesterday found him not guilty of murdering his convicted sex offender stepfather.

Jamie Stewart Davies, 31, was charged with murdering Ngaruawahia man Allan Wallace Davies, 57, last year. After 5 1/2 hours of deliberations, the jury found Davies guilty of manslaughter.

Allan Davies' body was found in his burned-out house in Struve St, Ngaruawahia, on September 28. An autopsy showed he died before the fire from injuries police said were inflicted by Davies.

Davies pleaded guilty to the arson at the start of the trial.

Outside court yesterday, Jamie Davies' supporters told the Waikato Times the jury had made the right decision.

"We're just very relieved and very raw at the moment," one supporter said. "The effects of this will be ongoing for the rest of our lives."

Davies was remanded in custody by Justice Lang. He will be sentenced in December.

During the trial, in the High Court at Hamilton, defence counsel Paul Mabey QC told the court that Davies had never intended to kill his stepfather.

Mr Mabey said Davies had gone to his stepfather's home to confront him over his historic sex offending.

The court heard that Allan Davies had been due to be sentenced in the Hamilton District Court after he was found guilty of five representative charges of committing indecencies with a girl under the age of 12.

In a taped interview with police, Jamie Davies admitting punching his stepfather 20 to 40 times but said he had not meant to kill him.

Mr Mabey said Davies was a troubled and confused person, who had lashed out without any thought of the consequences.

He described the early morning attack as "frenzied and thoughtless".

Earlier in the trial, Dr Timothy Koelmeyer - who did the autopsy on Mr Davies - gave evidence.

The court heard that Mr Davies' death was caused by an injury to his heart and a combination of fractures on both sides of the chest and breast bone. Dr Koelmeyer said Mr Davies' injuries could have been inflicted in a very short period of time.

The Crown alleged Davies had intentionally inflicted the fatal injuries on his stepfather and had wanted him dead.

Crown prosecutor Ross Douch said that after killing his stepfather, Davies had lit a fire in a calculated attempt to destroy the evidence.

During the trial, the Crown called taxi driver Barbara Tauranga to give evidence. She had taken Davies to his stepfather's home the morning of the incident. During the trip, Davies repeatedly called his stepfather a "bastard" and said he wanted him dead. ..News Source.. by AARON LEAMAN - Waikato Times

Police seek more after paedophile death

8-4-2007 New Zealand:

More people can expect a knock on the door from the police over the death of a convicted paedophile in Foxton.

Police yesterday arrested a 27-year-old for the murder of Glen Stinson, the sex offender found dead on a rural property last Saturday.

The arrest follows the court appearance of a woman on assault and kidnap charges.

Inspector Mark Harrison says they want to talk to other people who were at the Palmerston North address where Stinson was the night before his body was found.

He won't talk about whether Stinson's death could be related to historical sex offences, or fresh charges he was facing. ..more.. by New Zealand City Limited



Second man due in court on murder charge
8-6-2007 New Zealand

A second man will appear in court on Monday charged with the murder of a convicted pedophile who was found dead in Foxton.

The body of Glen Donald Stinson, 57, was found on Wylies Road last weekend. He had convictions for sexual offending against children and was facing fresh charges.

A man, 27, was charged with his murder on Friday. The police say a Palmerston North man, 46, who was arrested in Woodville on Sunday, has also been charged with murder.

A woman, 31, is also facing kidnapping and assault charges over the incident. ..more.. by Radio New Zealnd