Couple talked of murder, court hears

A couple charged with murder had talked about killing a man just two days before his body washed up in the Waimakariri River north of Christchurch, a High Court jury was told today.

Aaron Dale Grimwood, 31, and Lisa Helen Riley, 23, have denied murdering Grimwood's half-brother, Phillip John Mullaly, 36, at the suburban Northcote house where all three lived last August 30.

Their trial, before Justice Graeme Fogarty and a jury of nine women and three men, began in the High Court at Christchurch today.

Opening the Crown's case, prosecutor Andrew McRae told the court Mr Mullaly died either after a fight with Grimwood and Riley at their Northcote home or after he was dumped in the Waimakariri River with his hands tied.

All three had been drinking on the day Mr Mullaly was killed when an argument began over a set of house keys Mr Mullaly wanted to use to obtain more alcohol.

Mr McRae said at one stage Mr Mullaly held a knife and had either dropped it or had it taken off him by Grimwood. After Mr Mullaly wielded a broomstick handle in a threatening way, Grimwood put him in a "kind of choke hold" and Riley kicked Mr Mullaly in the head and chest area.

Mr Mullaly eventually became unconscious and Grimwood and Riley tied his hands with a scarf and dragged him out of the house to Riley's car. They put him in the boot and drove to the Waimakariri River, where Grimwood put him in the river, Mr McRae said.

He said witnesses would give evidence that Grimwood and Riley talked about killing Mr Mullaly two days before his body was discovered by whitebaiters. The witnesses would say that Grimwood and Riley wanted Mr Mullaly dead because of the way he was treating his 15-year-old son.

When police interviewed the pair after Mr Mullaly's body was found, they said there had been a fight, they had gone for a drive to get away and Mr Mullaly must have left the house while they were away.

At subsequent separate interviews, both gave police different accounts of the route they took while going for a drive.

Mr McRae said Grimwood eventually told police Mr Mullaly had become angry because he wanted more alcohol and Grimwood had intended just to stop him so Mr Mullaly could sleep it off. Grimwood told police he didn't know his own strength.

Defence

In a brief opening statement for Grimwood, Jeff McCall told the jury it would be up to them to decide "who was the aggressor here".

Mr Mullaly had a "destructive relationship" with the rest of his family.

It was Mr Mullaly who had a knife and who came out of the bedroom with a broom handle raised over his son's head and near the two young children.

Mr McCall said Grimwood's reaction was one of "absolute angst and horror". He had wanted to stop Mr Mullaly assaulting the children.

When Mr Mullaly appeared not to be breathing, Grimwood was "foolish" not to have called an ambulance.

"He never intended to kill his brother. This was a terrible accident," Mr McCall said.

For Riley, Douglas Brown said Mr Mullaly had a history of "unpredictable drunken behaviour".

Riley had admitted kicking Mr Mullaly three times in the ribs because she thought he was getting the upper hand in the fight with Grimwood, but police acknowledged those injuries were not life-threatening.

Mr Brown said Riley took no part in the actions that killed Mr Mullaly who was a "violent, disagreeable and unpredictable man".

The trial is expected to last two weeks.

- NZPA