‘Kick in the guts’ for Lois’ family

The family of murder victim Lois Tolley has described the withdrawal of charges in their daughter’s case as another kick in the guts.

In a statement, Lois’ mother Cathrine Macdonald and her partner Rodney say they are devastated to receive the news.

“This is another kick in the guts for all of Lois’ family and friends and of course to the wider community in Upper Hutt. It has been a long five years only to have the justice system fail us when the court date had already been set.”

Tolley was murdered in an “execution-style killing” at her home in Upper Hutt on December 9, 2016. CCTV footage showed four men entering her home armed with weapons believed to be a machete and a shotgun. A confrontation ensued and Tolley was cut on her leg, then fatally shot from close range.

It took three years before charges were laid in relation to her death, with three men eventually charged.

Two of the three were believed to be inside the house at the time of Tolley’s death, the third a lookout.

However, yesterday it was revealed those charges have been withdrawn, and a murder trial set to take place this month will no longer go ahead. Justice Simon France said the case unravelled for the Crown over a three-month period late last year, but acknowledged further charges could be laid if enough evidence arose.

“The Crown accepts it has insufficient evidence to sustain a guilty verdict.” Some of the group sought a dismissal of the charges, but France said because of the seriousness of the charges and the possibility of an ongoing investigation, withdrawal was suitable.