Burton-trial jurors watch video evidence of confrontation

Graeme Burton in court yesterday. Photo / Brett Phibbs

Video evidence of the confrontation that led to Graeme Burton being charged with attempting to murder a fellow inmate has been played to a High Court jury.

Burton, 38, is on trial in the High Court at Auckland charged with attempting to murder Dwayne Marsh at Auckland Prison at Paremoremo on December 20 last year.

Yesterday, the Crown said Burton stabbed Marsh at least seven times, including three times in the chest.

Marsh was taken to Auckland City Hospital for emergency surgery.

Footage from three security cameras was played to the jury, showing various views along a landing outside 12 prison cells in a maximum-security block at Paremoremo.

The footage showed a man entering the cell of another inmate. A different man was seen backing out of the cell, followed out shortly afterwards by the original man.

The man seen backing out, who the Crown said was Marsh, was seen backing down the hallway three times - twice changing direction - as the original man, who the Crown said was Burton, was moving towards him.

Jurors heard from prison guards who were on the other side of a grill from the landing about what they saw.

One guard, Merv van Kier, spoke of pulling Marsh away from Burton because he felt Burton was being the more aggressive of the pair.

Once Marsh was on the other side of the grill, he could see blood on Marsh's T-shirt.

Another guard, Ronald Bruce, arrived shortly afterwards and also saw the blood on the T-shirt. He said he took an initially reluctant Marsh to the medical room.

There, he said Marsh "got a bit grey and his eyes rolled" and he had to intervene to stop him falling.

During the time in the room, Mr Bruce said Marsh drew his attention to a steel rod on a medical trolley.

Neither Marsh nor any other inmate will give evidence at the trial, expected to last four days.

Opening the Crown case, Deb Bell said Burton had a weapon in each hand as he entered Marsh's cell.

She said Burton stabbed Marsh seven times, three times in the heart, with a stainless steel rod sharpened at one end.

Ms Bell told jurors they had to decide whether Burton intended to kill Marsh. "The Crown says stabbing a man at least seven times, three of them in the chest and heart area, is certainly indicative of someone intending to kill someone else," she said.

Justice Tony Randerson earlier told jurors they needed to keep an open mind and consider the evidence fairly and dispassionately. He made a number of suppression orders including that no historical photos of Burton be published.

- NZPA