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Home / New Zealand

Guy trial: Private grief, public doubt

Herald on Sunday
7 Jul, 2012 05:30 PM4 mins to read

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Kylee Guy has posted a moving message to her husband at his graveside.

On the second anniversary of Scott Guy's death today, hand-painted messages of grief and love are posted with fresh photos and notes from his widow and children. One of the two signs has messages from the children, Hunter and Drover. Kylee's message includes handprints from the family.

It is unclear when the notes of love and loss were placed at the slain farmer's Feilding grave, but Kylee Guy was not letting her grief stop her pursuing justice for Scott. She has joined forces with the Sensible Sentencing Trust and had a lengthy meeting with founder Garth McVicar yesterday.

After the meeting, McVicar told the Herald on Sunday Guy needed space. "She's going away, she needs time."

Ewen Macdonald was found not guilty of Scott Guy's murder, but the internet remains rife with opinions that a High Court jury was wrong to acquit him.

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Even comedy show 7 Days asked its panellists for their opinion this week.

Legal experts warned that making such comments could be deemed defamatory.

Today is exactly two years to the day since Guy was shot dead in the driveway of his Feilding farm in the pre-dawn darkness before morning milking.

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McVicar said the outpouring of support since the verdict was quite amazing and could be put in two categories: "Sympathy for Kylee and her boys; and anger and frustration at the system."

At the trial, the Crown had tried to argue Macdonald, who was Guy's brother-in-law, had worn dive boots.

Among jokes on the internet was a mock advertisement promoting "limited edition Ewen Macdonald dive boots" as the footwear of choice for would-be criminals.

Canterbury University law professor Ursula Cheer said the ad was clearly defamatory.

Discover more

Opinion

Kerre Woodham: Libel in live debate

07 Jul 05:30 PM

"They're suggesting that he did it, now he's been acquitted." Defamation meant saying something untrue about a person that lowered them in the minds of right-thinking people.

Should members of the public think twice before forwarding the joke ad to friends?

"Yes. Definitely," Cheer said. "Of course they should."

If Macdonald decided to sue over such comments, the respondent would have to establish that what they'd said was true on a balance of probability, or that it was their honestly held opinion.

But rather than suing, complainants tended to contact an internet service provider to ask for statements to be removed.

Trade Me communications manager Paul Ford said a message board thread on the Guy trial had attracted 5000 posts, but the comments had all been taken down after other members voted it off.

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On the day of the verdict, 30 posts were deemed unacceptable, he said.

As for the 7 Days segment, Cheer said it was harder to prove a satirical comment as defamatory.

On the show, host Jeremy Corbett asked: "Who thinks he did it?" He and two comedians raised their hands. Then: "Who thinks he didn't do it?" One comedian raised his hand, one indicated doubt and two didn't participate.

TV3 spokeswoman Rachel Lorimer said no complaints were received about the programme and legal checks were done to ensure the show met broadcasting standards.

"7 Days' reason for being is to satirise the news of the week and, without a doubt, one of the reasons the show is so popular is it's not PC - not afraid to push boundaries."

Macdonald has been in prison since he was charged with Guy's murder in April 2011. He is due back in the Palmerston North District Court on July 31 for a sentencing date to be set for other charges. He has admitted burning down an old house on the Guy farm, vandalising the Guys' new house and killing two stags belonging to another Feilding farmer.

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Details of other serious charges have been suppressed.

Notes on Scott's grave

They say memories are golden
Well maybe that is true, I never wanted
memories, I only wanted you. A million times
I needed you, a million times I cried. If love
alone could have saved you, you never would
have died. In life I love you dearly, In death
I love you still. In my heart you hold a place
no on could ever fill. If tears could build a
stairway, and heartache make a lane, I'd walk
the path to heaven and bring you back again.
Our family chain is broken and nothing seems
the same, but as God calls us one by one
The chain will link again
We love and miss you so much baby x x x
To my beautiful husband

Dear Daddy I love you. This is you daddy. You have blue eyes like me. I miss you. xxx Made by Hunter and Drover. You are the best daddy in the whole world.

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