Jury considers evidence against brothers
The jury has begun considering a verdict in a murder trial in which two brothers are accused of taking part in a revenge killing.
Justice Jillian Mallon delivered her summary in the trial of Kevin Roy Madams and Tyrone Peter Madams, in the High Court at Whanganui on Tuesday, before the jury began deliberations and later retired for the night.
Both men are charged with taking part in the murder of Whanganui Black Power founder Craig Rippon. The brothers are the last of six males to face charges for Rippon’s death.
Tyrone Peter Madams’ son Tyrone William Madams pleaded guilty to murder before the trial begun. Another son, Matthew Madams, and a youth with name suppression, have both pleaded guilty to manslaughter. Another youth has been discharged without conviction.
Rippon died as the result of the second of two fights involving members of the Madams group at his Rimu St house in Whanganui, on November 8 last year. The conflict was triggered by a disagreement over reward money for a lost puppy, during which Tyrone Peter Madams was knocked unconscious.
The jury must consider whether either Kevin Madams or Tyrone Peter Madams contributed to the beating of Rippon, or its planning, with reasonable knowledge of the potential for serious injury or death, Mallon said.
‘‘Crown opened its case on the premise that some of the [group] were guilty in principal, and some on a party basis.’’
A person guilty in principal would have contributed directly to the injuries Rippon received, whereas a person guilty on a party basis would have contributed to the group’s actions in instigating the assault with weapons, Mallon said. This could mean helping plan the beating, access weapons, driving the group, or being at the property to add weight of numbers.
The defence had argued Kevin Madams did not know there were weapons in the car, had urged the group not to go to the Rimu St house, and stayed at the car during the assault. While Tyrone Peter Madams was too incapacitated from a concussion suffered earlier in the day, Mallon said.