Who Killed Scott Guy?

by Mike White

  He predicted a long deliberation by the jury because there was so much evidence to sift through and every point had vastly differing arguments to weigh. But just as importantly, King felt the jury wouldn’t rush their decision because the stakes were so high. His greatest concern was that even if the jury thought the evidence didn’t prove Macdonald was the murderer, they would consider his other crimes so serious that they couldn’t let him go free, back out into the same community he’d abused so badly.

  At times like this, King suggested, proof could become almost a trifle. ‘But beyond reasonable doubt isn’t a game, it’s not a technicality. It’s a constitutional safeguard against the risk of an innocent person being convicted. My feeling on these big ones is that the pressure is just too immense, the notion is just too immense, and the easy thing to do is just say, “Oh well, they’ve got a few problems with a few aspects of their case but basically, who else would have done it?”’

  As one of New Zealand’s top appeal lawyers, King was also aware that a defendant’s best chance to be acquitted was at trial. Appeal courts were limited in the issues they could consider and were notoriously reluctant to overturn a jury’s verdict, treating it as almost sacrosanct. Thus he knew how important the jury’s current deliberations were.

  Unsurprisingly, at the end of that Monday, after being ensconced for five hours, the jury hadn’t reached a decision and asked to break for the evening and return the following day.

  The waiting wasn’t easy for anyone. At their temporary Wellington home, Kerry and Marlene Macdonald struggled to keep occupied that night. Kerry paced the house. There was nothing on TV and he’d run out of whisky. It had been a long year for them, waiting for the trial, listening to a month of evidence and now coping with a final limbo of uncertainty as the clock counted down.

  The next morning, the 21st day of the trial, Greg King was at court early, and stood outside with a cup of coffee warming his hands. He’d not slept well and still let his doubts conquer any optimism. ‘We should win—but we probably won’t. My feeling is we’re up against it. And if it goes against us—I’m out of here. I just want to sneak out of here and switch my phone off and disappear for a couple of days.’

  The celebrity King garnered during the trial wasn’t always comfortable. Although in truth he enjoyed much of it, like anyone in the limelight, he sometimes struggled with his inability to avoid this public interest away from work. During the trial he’d often been accosted and berated by strangers who considered him plain wrong or even evil for representing Macdonald. But others, like a young woman who came up to him as he took a walk across the road in Parliament’s grounds later that day, just wanted to say well done.

  ‘I don’t think he did it,’ she told King.

  ‘Where were you when they were picking the jury?’ he responded with as much of a laugh as he could muster.

  King spent much of the waiting time in court, flicking through car magazines to see if there was anything irresistible, joking with the media contingent and entertaining his daughters, Millie and Pippa, who bounced in to see their father, two pink princesses who proceeded to play hide and seek under the defence counsels’ desks.

  But just after midday, while King was in the defence room, all hell broke loose and King raced into the courtroom demanding that the registrar get the judge immediately. The Dominion Post’s veteran court reporter, Deborah Morris, had been listening to the midday news on Radio New Zealand National. She was stunned to hear an item regarding Callum Boe, Macdonald’s accomplice during his other crimes. It outlined all the offences they’d committed together and that Boe had already admitted—including the crimes that had been suppressed during Macdonald’s trial for fear they would prejudice the jury.

  Inexplicably, this information had been broadcast, despite clear and continual warnings not to make it public. The item had also been put up on Radio New Zealand’s website. King was incandescent, demanding the jury be sequestered and saying that if the jury had somehow had access to the item, he would demand a retrial. Liam Collins was in complete despair. ‘Seven months’ work, down the tubes,’ he repeated, astonished a reputable media organisation hadn’t realised what it was broadcasting. The mistake apparently occurred when a reporter obtained the record of Boe’s court appearance in Queenstown and failed to understand that it was still covered by the suppression order from Justice France.

  Justice France was equally furious and made arrangements to put the jury into a hotel that evening so nobody could pass on the information to them. The only fortunate element anyone could dredge from the disaster was that it occurred at the very end of the trial. If it had happened during the trial’s witness phase, there would have been a much higher chance a retrial would have been necessary, as the possibility someone had heard the news and subsequently told a juror and prejudiced their view of Macdonald couldn’t have been discounted. The logistics of restaging the trial and obtaining an untainted jury were simply too great for anyone to consider.

  Ultimately, luckily, these fears of calamity weren’t realised.

  Just after 3 pm, the jury knocked on the courtroom door, indicating they wanted to speak with a court official. Everybody tensed, thinking they may have reached a verdict, but registrar Sarah Perano breezed back in saying they just wanted to go upstairs for some fresh air and wanted someone to escort them. Everyone relaxed once more.

  But then at 3.35 pm another knock was heard on the door and this time Perano swept in, announcing the jury had reached a verdict after ten hours of deliberation and was ready to come back in.

  Suddenly, all the media who’d been lounging on the press benches leapt to life and court staff bustled to prepare the courtroom. Many news organisations already had a plan for how they would report news of the verdict instantly. The judge had barred live filming of the verdict and had also ruled nobody could leave the courtroom until formalities had been concluded, meaning reporters couldn’t leave as soon as the verdict was announced. So some organisations stationed a reporter in the court who would text their newsrooms with a simple letter—‘n’ for not guilty or ‘g’ for guilty—as the verdict was delivered, so the news could be instantly broadcast or put up on websites. Other reporters would remain outside to wait for reaction and to catch family members as they left.

  Many of the seats in the public gallery had been reserved for family, the Macdonalds sitting on the right-hand side facing the judge, just behind Ewen, the Guy and Bullock families on the left. Kerry and Marlene Macdonald had with them their son Blair, Rilma Sands the minister at Marlene’s church, a Wellington friend Paul, and Peter Coles’ wife Karen for support. Anna Macdonald sat opposite them, between her father and sister Nikki. Behind them was Kylee Guy. The remaining seats were quickly taken by members of the public who’d queued for hours.

  Ben Vanderkolk and Paul Murray walked back in with the same calm they’d displayed during most of the trial. Only a few times throughout the evidence had testiness shown through, when they’d become frustrated at King’s line of questioning. Disagreements between the sides or contentious points had usually been amicably decided, and when King finished his closing address, Vanderkolk was the first to come and shake his hand in a gesture of collegiate cordiality.

  As King, Coles and Collins took their seats, court crier John Conley muttered to them, ‘Taken your nerve pills?’ Across from them, Sue Schwalger sat silently, jiggling her feet as she waited.

  At 3.55 pm the court was ready.

  Justice France had returned and asked those present to restrain any reactions they may have to the verdict, despite it being an understandably emotional time. Ewen Macdonald was brought up from the cells and, shortly afterwards, the jury filed in, the foreman the last to emerge.

  Kerry Macdonald was staring straight at them and noticed some jurors looking right back at him. ‘That’s a good sign,’ he thought. ‘Nobody could look at the parents of the accused if they were going to hang him.’ Leaning over, he whispered to Marlene, ‘They’
re smiling.’

  ‘No, they’re not,’ his wife replied curtly, clutching a small wooden cross, her heart pounding.

  What happened next happened quickly, and for most who were there was difficult to entirely take in. The foreman was asked to stand and registrar Sarah Perano asked him if the jury had reached a unanimous verdict. He replied they had.

  ‘Do you find the accused guilty or not guilty?’

  This was the moment everyone had waited for and so many had visualised over the last year. For Schwalger and her team it was the culmination of everything they’d worked towards for the last two years since Scott was killed. For the Guys it was the chance to stamp some finality on their family’s tragedy. For King and the defence team it was the moment where they found out if they’d done their job sufficiently well. For Ewen Macdonald and his family it was the point at which they discovered how the rest of their lives would pan out.

  Standing at the front right of the jury box, in the space nearest the judge, the foreman ended the suspense. ‘Not guilty,’ he said quickly but decisively.

  In the middle of the defence bench, Liam Collins, who’d spent most of his waking hours since November working on the case, couldn’t help himself and pumped his left fist—a gesture he badly regretted later but which was a forgivable release of tension at the trial’s climax. Marlene Macdonald crumpled into Kerry and sobbed. Across the aisle, tears born from mixed emotions trickled down Anna Macdonald’s face as her father put his arm around her and comforted her. Ewen Macdonald appeared to be on the verge of collapse. He grasped the dock to steady himself and was supported by prison officers.

  Perano asked if all the jury members were agreed and the foreman confirmed they were. She had just thanked him and asked him to be seated and Justice France was beginning to speak when Kylee Guy, sitting several rows back in the public gallery, screamed out, ‘He killed my husband.’

  It was as if it had taken a few seconds for the foreman’s words to register; perhaps she had been unable to comprehend what she’d heard, convinced as she was that Macdonald had gunned down her husband. But when she did realise what had happened, her cries were visceral and frightening, a howl of disbelief and horror as she burst from the courtroom, clutching Scott’s cowboy hat, repeating over and over, ‘He killed my husband.’

  Even as the judge was thanking the jury for their application and efforts throughout the lengthy trial, the news of the verdict was spreading quickly, the first stories being hastily written and filed from the courtroom.

  When the court broke for 15 minutes, the Macdonald family made a quick escape, chased by reporters desperate for comment. Greg King had warned them it would be bedlam whatever the verdict and to get out straight away. So with camera crews in pursuit, they walked smartly down Molesworth Street until they found a taxi and were bundled into it by their friend Paul.

  King had remained impassive as the verdict was delivered, and his first move afterwards was to head straight down to see Macdonald in the court cells where he’d been taken. Macdonald was completely in tears. One by one, King, Coles and Collins hugged him while Macdonald continued to cry.

  ‘He was very emotional,’ recalled King. ‘Exactly what you’d expect. He was just really, really relieved. It was a really special time—just me, Liam, Peter and Ewen. We were the defence team and Ewen was a big part of it—a huge part of it. The fact that he didn’t give evidence doesn’t mean that he didn’t have any part in his defence.’

  When the court reconvened, Justice France remanded Macdonald in custody to await sentencing on the charges he’d admitted and previously pleaded guilty to. He lifted some suppression orders, thanked counsel and then left the court for the final time. It was 4.30 pm and the trial was officially over.

  But beyond the courtroom, its dissection had just begun. Outside the room in the court’s foyer where Kylee had been taken, members of her family gathered, shaking their heads in disbelief. After two years of being promised Scott’s killer would be brought to justice, and having shared police confidence for a year that they had arrested the right man and had the evidence to prove it, the shock of Macdonald’s acquittal was staggering.

  Bryan Guy led his family out of the court to the media contingent, who’d gathered and set up a bank of microphones along the pavement outside the court. He clutched Anna’s hand while Jo held her arm. Behind them stood their other children, Nikki and Callum, all of them still coming to terms with the verdict. Bryan Guy then read a statement that provided a sad and poignant endpoint for the family’s own trial. He’d prepared three versions—one for guilty, one for not guilty, one for no verdict—knowing that the media and country would want to hear something from him.

  ‘Our family have been overwhelmed by the support and love and caring of New Zealanders,’ he began, looking directly at the cameras. ‘The support and prayers of friends and strangers alike in our local community and throughout New Zealand have given us strength and courage. We are forever grateful for everyone for their kindness to our family.

  ‘The acquittal today leaves us with mixed emotions. While we’re relieved the trial is over, we’re obviously left wondering who is responsible for the death of our son. This verdict does not bring Scott back. It will not restore a father to his son, or a husband to his wife. It does not restore a son and brother to his family. Our lives have been altered forever.

  ‘At times the pain of our broken hearts is almost too much to bear. However, through this tragedy we have learnt a lot—mostly about ourselves—what we stand for, our values and what’s important to us. We’ve learnt what is important is a father to his children. And although that father cannot be replaced, we know that with strong community and family support and values, that there is hope for the future.

  ‘We are thankful for how Scott touched our lives and we are the richer for that. We must focus on what we have, not what we have lost. And we are determined to love and support our children and grandchildren in their future.

  ‘Our family is grateful for the generosity of so many people. It reminds us that the world is full of good people that really do care. So thankyou for that reminder and thankyou all for your love and support.

  ‘Now, the last few weeks and months, our lives have been an open book to the nation. We’d now like to close the chapter at this stage, and just pause and reflect and have time to get away from the publicity and begin to rebuild our lives. So thankyou very much to all of you.’

  It was a moving speech, just three minutes long, but one that distilled the family’s loss and heartbreak. And it again reminded people of Bryan Guy’s remarkable strength and dignity that had been repeatedly displayed throughout the trial. He had sustained the attention of a nation with composure and kindness and was a lesson to many about coping with pressure.

  As Greg King and Peter Coles both noted, at any time during his many appearances as a witness, Bryan could have stuck the boot into Macdonald, merely by emphasis or a choice of words. He could have interpreted past events with their most negative implications or defended Scott’s actions even when they seemed extravagant. ‘The Guys have been nothing but absolutely honest and truthful and where there’s been a concession to make, they’ve made it without hesitation,’ said King. ‘Often you get embellishing, exaggerating and sometimes downright lying. But these people have my total respect and my admiration for them is huge.’

  The Guy family didn’t stay to answer questions but turned and walked to waiting taxis, Anna not even turning her head as media asked for her thoughts.

  Passers-by on Molesworth St paused at the wall of media and asked what the verdict was. ‘Not surprised—doesn’t surprise me at all,’ said a man in a thick coat with its collar turned up before loping off downhill.

  Shortly afterwards, Detective Inspector Sue Schwalger emerged to front the media. It was an extraordinarily difficult moment, even for the tough and well-trained Schwalger. Not only did she have to cope with the inevitable personal disappointment that the man they b
elieved was responsible for Scott Guy’s death had been acquitted, she now had to face media who wanted to know why he’d been found not guilty.

  Schwalger had never been comfortable with the level of media scrutiny the case had attracted other than it being a useful channel for police to disseminate their appeals for information. She’d been even more uncomfortable with being put in the spotlight herself, reluctant to do profiles, emphasising it was a team that was investigating the case.

  ‘This was a thorough and professional investigation,’ she insisted as cameras whirred and microphones in reporters’ outstretched arms caught her words. ‘We put all the evidence together and we put the best available evidence before the jury. We accept the jury’s decision.’

  ‘Do you think you could have done more?’ a reporter asked.

  ‘Every piece of evidence and every piece of information that was delivered to the police, we investigated. We investigated it with a vigour. No stone has been left unturned and we will investigate any other information that comes to light. However, we have conducted a thorough and professional investigation,’ she repeated, as if sensing there would be recriminations about why Macdonald had not been convicted.

  While attempting to remain dispassionate and deflect questions as to whether the jury had got it right, Schwalger let her front slip a little when she was asked if she still believed police had charged the right person. She paused then gave a small laugh. ‘All evidence led to the prosecution. We put that evidence in front of the jury and the jury have made that decision.’