The word is that the prosecution case against MacDonald finishes today. Like many others I anticipate there is some bewilderment that the Crown case hasn't been more conclusive. Yesterday we heard further details about the cigarette packet found on the road near the body. It seems to be a significant piece of evidence, a detective has already confirmed that it cannot be excluded as having come from a burglary some few days earlier. The package had exclusive markings which suggest from Greg King's cross-examination of the detective, he may have a witness able to make some confirmation tying that package to the burglary.
I think the case by the Prosecution hoped to rely on a confession, or some evidence from Boe or someone else putting a shotgun in the hands of MacDonald. The lack of that evidence, in many other jurisdictions such as the States, would have probably seen no charges brought against MacDonald. Instead we see the Crown linking together a chain of events which have other possible explanations as evidence against MacDonald. However, we all 'event's that no one knows have happen used against MacDonald, the puppies, Bryan Guy's shotgun and so on. That's why I think the cigarette packet is very significant, it exists, it's not MacDonald's, it was at the murder scene, it can be speculated upon with some certainty.
We saw yesterday some enormous figures of searches for 'matches' to the dive boots. But in reality they were 'matches' to the type of boot, rather that the boot that made the footprints either before or during the murder. But no such extensive search was revealed as to the background of the cigarette packet which, unlike the boots, was found. I could say we don't know anything other than not necessarily linked crimes by MacDonald the year previous to the killing, then 2 years previous and a third on property no longer connected to Scott Guy 4 years earlier. We know the police were unable to put a shotgun in the hands of MacDonald, we know not a single witness described his reaction that morning to finding out about the shooting as anything other than real. We have our own opinions of a scenario that requires events to work perfectly by time for MacDonald to have appeared 'just woken' when emerging from the farmhouse that morning.
Some readers will recall another case of a farmer killed in recent years which resulted in a trial and an aquittal. We know of burglaries in the district near the Guy farm, and also of the drunk man arriving at the home just previous to the murders, we've heard some talk of drugs and other farmers contemplating that it might have been an event were Scott was mistaken for them. Now we'll hear the defence case, but perhaps first or at some point before the end of the Trial an application by defence counsel to dismiss the charge through want of evidence.
The Boots: Wow, so the missing boots are even more inconclusive now that it appears their sizing claim is rather a stretch.
ReplyDeleteI thought for them to be so certain the dive boots were size 9 the size must have been stamped on the sole and left an impression.
It wasn't, so all they have are the number of wavy lines to go by.
Now the physical evidence is quite different: Forensic scientist Mr Neale said: "The size nine boot did not have 32-33 rows of waves, I can't say what size the boot was that created the casts at the scene."
How on earth can the prosecution so confidently say these were size 9 prints when it's obvious, without any defence trickery, the number of wavy lines on a size 9 boot (even counting an extra one on the tip for toe-roll) still don't equate to the number of lines left by the impressions.
Not to mention there's no way of proving whether a size 8,9,10,11 foot person was wearing them or not as they are so flexible larger feet could fit in them.
Suddenly that takes the 'only possible size 9 boot' times 5 pairs in Palmerston North and 45 pairs nationwide up to a couple of hundred nationwide in the sizes 10, 11,12 that they seem more likely to have been. In that case Ewen's size 9 boots would almost be discounted.
He also suggested the boots used were quite well worn. By testimony it sounds like Ewen only took them on 3 or 4 hunting trips to wear around the camp, and hadn't used them for years since Anna asked him not to go on any more hunting trips- they were just stored in the garage.
How could they get well worn with that little use? Maybe a frequent diver, walking on rocks and sand etc would have a well worn pair….
I think Mr Neale has given evidence exonerating Ewen MacDonald.
ReplyDeleteBecause he's also said he can't confirm they're the same brand, let alone, as you point out, a match to either the prints or a size nine dive boot.