Khandallah murder trial: Victim was bludgeoned, forensic pathologist tells jury
Photo:
RNZ / Soumya Bhamidipati
The elderly woman found dead in her home in Wellington's suburb of Khandallah last year was bludgeoned, a forensic pathologist has told a jury.
Helen Gregory, 79, was killed in January 2024 - her daughter Julia DeLuney is on trial for murder in the High Court at Wellington. She has pleaded not guilty.
The Crown says DeLuney attacked her mother, possibly with a vase that has never been found, before staging it to look like she had fallen from the attic.
But the defence says someone else caused those injuries in the 90 minutes in which DeLuney went to get help.
Julia DeLuney in the High Court.
Photo:
RNZ / Mark Papalii
On Wednesday, the court heard from forensic pathologist Dr Judy Melinek, who peer-reviewed Gregory's post-mortem.
Melinek said she agreed with the post-mortem, which found the 79-year-old had died from complications of blunt force trauma - primarily to the head.
She said death would not have been instantaneous, as the swelling of the brain that results from such trauma typically takes several hours.
Melinek took pains to describe to the jury the different types of injuries that can result from blunt force trauma - abrasions, contusions, and lacerations - before using the bust of a mannequin to point out the type and location of Gregory's wounds.
She said Gregory had a total of "11 planes of injury on the head alone," meaning she had sustained at least 11 separate impacts.
She said the impacts were caused by "significant force".
"You know, someone taking a heavy object, like a cricket bat or something, or a large hefty object and hitting it with a good amount of force over the head."
In response to questions from the prosecution, Melinek said the injuries could have been caused by a vase.
"An object like that vase would be a blunt force object and it's hefty and heavy, so it could easily cause the lacerations such as we see on Ms Gregory."
Under cross-examination, Melinek said a fall could also cause blunt force injuries, but the pattern tended to be different from being struck by an object.
She said a fall from a height of a metre or two could cause one of the smaller head wounds, but a fall couldn't explain a large injury on the back of her head.
"I've never seen an injury of that magnitude caused by a fall in someone's residence, even if we're talking from stairs. It's too big and there are too many planes of impact.
"You need a bludgeoning to get this many planes of injury."
Melinek said it was plausible that multiple and repeated strikes against an entertainment unit could have caused the head wounds, but maintained it was unlikely they were the result of being kicked.
She said in total, Gregory had about 75 discrete injuries, including lacerations, contusions, abrasions and fractures.
She also said bruising on the soft tissue of her arms was consistent with "grab marks" and defensive injuries on her wrists.
She said injuries from a fall tended to be located on boney parts of the body.
The defence suggested that the injuries could have been sustained at a different point in time.
The trial continues.
Sign up for Ngā Pitopito Kōrero
,
a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
RNZ News
an hour ago
- RNZ News
Kiwi murderer David Ngatokotoru Martin to be deported from Australia under 501 law
By Tara Shaskey, Open Justice reporter of Kiwi man David Ngatokotoru Martin was jailed for murdering Luke Hankey in Australia in 2007. He has now been released from prison on parole and is being held in immigration detention. Photo: 123RF A Kiwi who murdered an aspiring professional surfer in a New South Wales pub carpark almost 20 years ago has been released from prison and is being held in immigration detention across the ditch. David Ngatokotoru Martin, 45, has made a plea to the Australian Government from the detention centre to allow him to remain in the country, where he would be subjected to parole conditions until 2030 if he were released into the community. Lisa Mackett, Martin's partner and co-offender in the violent 2007 incident which led to his murder conviction, has supported his plea, stating she has remained in a committed relationship with him since he was jailed. But the tribunal considering the appeal heard Martin lacked remorse and insight for his crimes, including the murder, had repeatedly breached prison rules by using drugs while inside, and had not engaged in rehabilitation to the extent recommended by the courts or prison psychologists. Martin was found to be a "significant risk" of committing further violent offending if he were released into the community, leading the Administrative Review Tribunal of Australia to rule in favour of his deportation to New Zealand, where he has not resided since 1988, when he was 8. According to the decision, released this month, Martin and Mackett went to the Bateau Bay Hotel in New South Wales on October 20, 2007. They spent the evening in the hotel's beer garden with friends before leaving around midnight. They decided to drive home rather than leave their car parked at the venue, where groups of people were milling about, yelling and shouting. As Mackett drove through the carpark, the car's path became blocked by pedestrians, including Luke Hankey, who was directly in front of the vehicle when it stopped. "He apparently turned his back on the vehicle, putting plant material down his trousers and, as described by his sister, 'wiggled his bum'," the decision detailed. "Lisa Mackett was heard to yell out, perhaps with expletives: 'Get out of the way; you'll get yourself killed.' The path of the car, however, remained blocked. Members of the crowd yelled at the occupants of the car." Martin, who had been in the passenger seat, and Mackett got out of the car and Martin picked up a "blunt instrument" believed to be a screwdriver. He swiftly approached the group and struck one man twice in the neck with the weapon, leaving superficial wounds, before moving towards Hankey. "With a thrusting motion, requiring moderate to severe force, he struck Luke Hankey twice in the chest. The blunt implement, on one of these occasions, penetrated eight centimetres through to the heart and aorta." As Hankey collapsed, Martin confronted a third man, who backed away while holding up his hands. Martin did not harm the third man and returned to the car while Mackett assaulted two women before rejoining Martin. "The whole episode took seconds rather than minutes. The vehicle then left at some speed, driven by David Martin. As it drove away, it was attacked by the crowd." Meanwhile, Hankey was taken to hospital where he was declared dead, according to Australian media. The 24-year-old was described in reports as an aspiring professional surfer who had been celebrating his niece's birthday with family and friends on the night he was killed. Martin went on to plead guilty to the common assault of one victim but denied murder and reckless wounding relating to his other victims. Following a lengthy trial, he was found guilty and sentenced in October 2011 to 20 years' imprisonment with a minimum parole period of 15 years for the murder, and two years and six months on the other charges. Mackett was convicted of being an accessory after the fact to murder and two counts of assault. According to the tribunal's decision, Martin, whose visa was cancelled as a result of his serious offending, was released on parole in May this year and taken into immigration detention. That same month, he applied to the tribunal to appeal his visa cancellation. Martin has resided in Australia continuously for more than 36 years and has never returned to NZ, according to the decision. He began using drugs and alcohol from an early age, did not complete school and ran away from home at 15, initially sleeping in abandoned trains. Martin only occasionally worked and has an extensive criminal history, beginning in 1995. While multiple reports stated Martin was not remorseful for his offending, he told the tribunal he was ashamed of his behaviour and that he regretted the damage he had caused. However, the tribunal said he still sought to minimise his culpability, and denied the murder was unprovoked. It said he has taken some steps to address his drug and alcohol use and his need for anger management but more work was required, and he has limited support in the community. The tribunal was not convinced that Mackett, who is currently prevented by Martin's parole conditions from contacting him, and others who offered to support Martin, would be a positive influence. Martin said he has no family, housing, or support network in NZ but, in ruling in favour of his deportation, the tribunal said he would likely receive support as a returning prisoner under NZ's Returning Offenders (Management and Information) Act 2015. The Act enables the Department of Corrections to manage and monitor certain offenders, such as 501 deportees, returning from overseas. * This story originally appeared in the New Zealand Herald .
RNZ News
4 hours ago
- RNZ News
New revelations on who knew what about Forbes police complaint
New documents have shed more light on who knew what about a police complaint laid against the disgraced Beehive press secretary Michael Forbes last year. Mr Forbes quit his job in the Prime Minister's office in June, after revelations he had covertly recorded audio of multiple sessions with sex workers. Correspondence released to RNZ today shows an email was sent to police bosses on the day of the complaint - but then quickly recalled. Acting political editor Craig McCulloch spoke to Lisa Owen.
NZ Herald
6 hours ago
- NZ Herald
Auckland family feud: Sione Tupou gets life for Texas Doctor murder
As they were loading the alcohol into their car, a VW Golf, Texas Doctor, known to family as 'TJ', also arrived at the liquor store in his silver Mazda hatchback. While walking towards the liquor store moments later, Doctor recognised someone in the Volkswagen and nodded his head. But he didn't see the looming danger until it was too late. Police investigate the scene in Mt Wellington where Sione Tupou shot Texas Jack Doctor to death in July 2024. Photo / Isaac Davison Doctor returned to his car after noticing Tupou get out of the back seat of the other vehicle. Tupou, now brandishing a gun, was close behind. The defendant opened fire within three metres of the other man's car, resulting in two wounds to Doctor's torso. Tupou and his friend fled the scene immediately afterwards. 'Completely unprovoked' Police would later find a gun in the boot of Doctor's vehicle, but it would have been out of reach. 'By returning to his vehicle immediately, Mr Doctor made it clear he did not want any confrontation to take place,' Justice Lang said, describing the shooting as 'completely unprovoked'. The shooting was recorded on CCTV, which meant Tupou had little chance of acquittal had he proceeded to trial later this year, the judge noted. Tupou turned himself in four days after the shooting and pleaded guilty in April. At his arraignment hearing, another High Court judge had to take the rare step of closing the courtroom to the public after tensions and outbursts between the two warring sides led him to believe those in the back of the court were 'spoiling for a fight'. Justice Graham Lang at an earlier hearing in the High Court at Auckland. Photo / Michael Craig Justice Lang warned the overflow crowd today that the court would be closed again if necessary. 'No one wants to do that because it's essential that everybody hears the outcome and the reasons for it,' he said. But safety is also essential, he said. He didn't have to carry out the threat. Aside from some loud supporters of the defendant who yelled out encouragement as Tupou was led away to begin serving his sentence, there were no outbursts this time. Two families at war In the lead-up to last year's shooting, there had been five 'significant violent incidents' between the Tupou and Doctor families across a 12-month period. 'Several of these involved firearms being discharged at addresses of the Tupou family,' according to a police summary of the case. 'These incidents appear to be the result of ongoing retaliations between the families, with the Tupou family and the Doctor family being recorded as offenders and victims at various stages.' No one is exactly sure how the feud started. But from several different court cases, the Herald has pieced together a timeline of how the quarrel spiralled out of control. The first recorded incident was on the evening of 19 July 2022, when Texas Junior Doctor – the father of Texas Jack Doctor – and another son, Wiremu, turned up unannounced at Sione Tupou's house in the suburb of Glen Innes. Tupou lived at the Taniwha St property with his mother. Around 11.45pm, Tupou's three sisters dropped their mother off at home after an evening out. As she waved goodbye to her daughters through the window, Texas Junior Doctor and Wiremu Doctor, as well as a cousin, arrived brandishing shotguns. The Doctor family patriarch fired at the house. Shotgun pellets shattered the window of the laundry where Tupou's mother was standing, with the shards of glass falling into her hair. He also fired, twice, at the three sisters as they reversed their car onto Taniwha St which punctured the two rear tyres. 'That's what happens when you f*** with family,' one of the men shouted. Retaliation was swift. The Doctor family lived in the nearby suburb of Panmure, just 3km from the Tupou residence. 'Have to protect my boys' Three days later, someone shot Texas Junior Doctor outside his home. No one was ever arrested, but he planned to take matters into his own hands. It was clear who he blamed. In a text message to an associate, Texas Junior Doctor gave an explanation as to why he opened fire on the Tupou home in the first place. 'These f***ing idiots are after my oldest son [Texas Jack Doctor]. They beat him up in January, three car loads [of men] and put him in hospital,' Texas Junior Doctor wrote. 'I don't know what they have against my boys but I'm glad it was me that got shot [and] not them.' The elder Doctor asked his associate for more ammunition for his firearms. 'I have to protect my boys now,' he said. Sione Tupou appears in Auckland District Court four days after the fatal shooting of Texas Jack "TJ" Doctor in Mt Wellington. Photo / Sylvie Whinray A few weeks later, on August 12, 2022, Texas Junior Doctor and one other person returned to Tupou's house in Glen Innes. 'Texas Doctor and the other person got out the vehicle and walked up the driveway of the address to the front door,' court documents state. 'They were both holding a shotgun or other firearm. 'They fired 12 shots into the front door of the address, which caused extensive damage to a number of rooms inside the house.' But no one was home – Sione Tupou and his family had already moved out. The next day, police searched Texas Doctor's vehicle and found a Norinco semi-automatic rifle and ammunition. Rebels gang members Texas Junior Doctor (right) and son Wiremu Doctor appear in Auckland District Court for sentencing. Photo / Craig Kapitan He and son Wiremu – both also members of the Rebels motorcycle gang – were sentenced to prison together in April last year after admitting to the shootings. But the feud didn't end there. The younger Texas Doctor would be fatally shot three months later, during the chance encounter at the liquor store. 'It has broken us' In a series of emotional victim impact statements today, TJ Doctor's aunties and other family members recalled his bear hugs and his laughter. The family is shattered by the loss and will never truly heal, they each said as they took turns addressing the judge. 'As a family, it has broken us,' one auntie said. He was the oldest grandson and great-grandson on both sides of the whanāu and a role model to younger cousins, they recalled. Extended family are afraid to come to Auckland now due to fear of further retribution, which has made the healing process even more difficult, others said. Texas Jack Doctor, 22, was shot in a car on Penrose Road Mt Wellington pn 13 July 2024. Photo / Supplied One aunt described the victim as the glue that held the family together. 'He may have been a big boy, but he also gave big hugs along with his big smile,' she said. 'His huge hugs are missed. His voice is missed. 'We just want justice for TJ. He didn't deserve to be taken in such a cruel way.' The last speaker was the victim's great-aunt, who recalled him being a student prefect at 17 years old and the heartbreak of watching him later 'patch up'. She said she was sorry for Tupou as well, 'put in a situation of retaliation when your whānau was attacked'. With both sides proposing broadly similar sentence outcomes, Crown prosecutor Brett Tantrum and defence lawyer Annabel Ives didn't have too much to add today to their written submissions. But Ives wanted to make sure those assembled in the courtroom knew her client 'has matured while in custody [awaiting trial] over the past year' and was truly remorseful for how the situation had spun so badly out of control. It was important that those in the gallery knew that, she said. 'He has expressed a desire, in the fullness of time, to be able to apologise somehow,' she said. 'It's a sentiment he expressed to me on a number of occasions.' Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand. Sign up to The Daily H, a free newsletter curated by our editors and delivered straight to your inbox every weekday.
