NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Whangamata murder trial: 'I woke up, there's a dead body beside me'

Nikki Preston
By Nikki Preston
NZ Herald·
3 May, 2016 12:58 AM7 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

On this afternoon's NZ Herald Focus we have the latest on a Wellington daylight bank robbery and we meet Timmy and Tux - two very cool little penguins who have formed a special bond in rehab.

A naked man lay near the doorway of his property making large "labouring and sobbing" noises as Police approached the Achilles Rd address where Ivan Peter Kapluggin was found dead.

Sergeant Craig Gilbert said 62-year-old murder accused Anthony Ballantyne "slid and crawled" down the steps of his Achilles Ave house in Whangamata when he called for him to come out.

"When I looked through that door I could see a male person who appeared to be naked lying on the floor moving and he appeared to be making a noise," Mr Gilbert told the jury this afternoon.

He and Whangamata constable Jayne Dowling assisted Ballantyne to his feet and he told them he could not breathe and had asthma. He was still wailing and gasping.

She then walked him around the corner to meet waiting St John Ambulance staff.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

St John volunteer ambulance officer Eden Bray said she saw a naked man walking stiffly towards them being assisted by constable Dowling as he appeared to be having difficulty walking. Another ambulance officer Pauline Davison said he was walking pigeon-toed with his arms out and was hyperventilating.

Ambulance staff assessed Ballantyne who had a small superficial cut on his hand and dried blood. On further examination he also had a small graze on one knee which she said looked like a carpet burn and had dried blood which was on his cheek, nose, leg and splatters of blood on and underneath his foot.

He then turned the palms of his hands with the cut to them and said "don't you want to take photos of this for evidence" and kept repeating it.

Advertisement
Advertise with NZME.

Ms Bray said Ballantyne also demanded ambulance staff take a blood alcohol level test but it was out of their capacity and the police officer did not have the means in the ambulance.

"He was angry, demanding and aggressive at the time."

Unprompted Ballantyne also kept repeating "there was a dead body in his house and he wanted to know why", she said.

Ms Davison said Ballantyne lay on the stretcher in the ambulance and had an "episode where he was unresponsive". He was not answering question and "appearing to be faking unconsciousness".

Defence lawyer Mr Sutcliffe asked whether these were the same signs as someone in shock to which she replied it could be but told the Crown, "I choose that he was deciding not to answer our questions."

At the Whangamata police station, Ballantyne continued to ask how Mr Kapluggin had died. He said the last he remembered was drinking a bottle of 12-year-old Glenfiddich whisky and waking up beside a dead man.

"I cooked him a meal of oysters and mussels." He told Ms Dowling they drank two bottles of sparkling wine, a bottle of Glenfiddich and had opened another bottle of whisky but only had a couple of glasses.

He recalled telling Mr Kapluggin "one more for the road", but said his memory was blank after that.

"I woke up on the floor naked. I was wearing a sarong but I was naked.

"I just thought what the f***."

Advertisement
Advertise with NZME.

It was slimy and when he looked at the victim he was white and he knew he was dead, he said.

The jury today heard from the first seven of 32 witnesses.

'I woke up, there's a dead body beside me'

Earlier, in his opening statement this morning crown solicitor Ross Douch laid out the events of the evening which ended in a call from Ballantyne to 111 at 1.26am on February 3 saying Mr Kapluggin was lying dead in his hallway surrounded by a large pool of blood.

Mr Kapluggin arrived from Thailand on February 2 and was collected by his brother David from Auckland Airport before he met his friend Ballantyne at the BP service station in Waihi so he could go and stay with him at his Achilles Ave home in Whangamata.

UK passport-holder Mr Kapluggin lived two hours from Bangkok with his Thai wife and he was in New Zealand to sell a rental property he owned in Waikino.

Ballantyne told police he went to bed at 9.30pm and woke after 1am to find Mr Kapluggin dead.

Advertisement
Advertise with NZME.

The accused originally told police interviewers he had no memory of the events leading to his death, but months later, sent letters to police and other residents he believed were involved claiming some of his memory had returned and that he had been framed. He named the killer as a Whangamata resident he occasionally cared for who had Parkinson's disease and claimed he was framed by him and another young man living in the area.

However, Mr Douch claimed the information in the letters did not stack up and believes the evidence including Mr Kapluggin's blood on the deck and smeared on a door showed signs of a struggle.

Mr Kapluggin was found with an 8cm chop wound on his head, a cut behind his left ear lobe, a stab wound on his neck, a cut on the back of his knife, two stab wounds on his back and multiple cuts along the inside of his fingers described as "defence wounds".

A knife was found under Mr Kapluggin's body and a meat cleaver with diluted blood found in the sink, but Mr Douch said no finger prints were found on the weapons.
"If they were used, what you can say ladies and gentlemen is the killer did not leave any clues."

Ballantyne sat in the dock with head head bowed and fought back tears as his calls with the police 111 call centre were replayed to the jury.

Defence lawyer Thomas Sutcliffe told the jury it was up to them to decide whether his client killed Mr Kapluggin or whether it was somebody else and whether there was intent to kill.

Advertisement
Advertise with NZME.

Justice Tim Brewer urged the jury to keep an open mind until the end of the trial and hold no prejudice. He said the jurors could talk to each other about the case, but no one else.
The jury is made up of seven women and five men. The trial has been set for two weeks.

"Body. Dead. Here. Now."

They were the first words Anthony Ballantyne breathed into the phone when he called a 111 operator at 1.26am on February 3 2015 to tell them Mr Kupluggin was lying dead in his house.

The murder accused couldn't answer the operator when she asked him his name, he just kept repeating that there was "blood everywhere".The five recordings were replayed to the jury in the first day of the trial while he waited for Police to arrive."I woke up. There's a dead body beside me. My friend he's dead," a clearly distraught Ballantyne told the operator.

"I just woke up and he's dead. Blood everywhere. Blood everywhere."

The operator repeated a question, but he replied through sobs: "No you come here. Blood everywhere."

As the pair spoke to each other for what seemed to be almost an hour before police arrived, the operator managed to hear from Ballantyne that his friend had been planning to stay the night and he was visiting from overseas.

Advertisement
Advertise with NZME.

During some of the conversations, the phone line went quiet and the jury could hear Ballantyne sobbing through the phone. There were several recordings because Ballantyne would hang up and the operator called him back.

The operator suggested that the pool of blood may have been caused by a haemorrhage to which Ballantyne replied there was a knife.

When she asked how he knew he simply replied that it was missing from the knife block in the kitchen and told her he had cuts to his own hands.

Later, as the conversation continued, the operator told Ballantyne to put the phone down while he went to the toilet.

He replied: "I don't want to walk over the body."

The call finally ended when Ballantyne was told police had arrived and would be approaching.

Advertisement
Advertise with NZME.
Save

    Share this article

Latest from New Zealand

New Zealand|crime

'Couldn't even walk': Hospo staff foil legless drunk driver who blew six times legal limit

04 Jul 07:20 AM
Wellington

'Amazing woman': Kiwi killed by elephant remembered as adventurous traveller

04 Jul 06:53 AM
New Zealand

Royal NZ Air Force establishes first dedicated space unit

04 Jul 06:24 AM

There’s more to Hawai‘i than beaches and buffets – here’s how to see it differently

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

'Couldn't even walk': Hospo staff foil legless drunk driver who blew six times legal limit

'Couldn't even walk': Hospo staff foil legless drunk driver who blew six times legal limit

04 Jul 07:20 AM

Police are praising the quick thinking of staff who quickly hatched a plan.

'Amazing woman': Kiwi killed by elephant remembered as adventurous traveller

'Amazing woman': Kiwi killed by elephant remembered as adventurous traveller

04 Jul 06:53 AM
Royal NZ Air Force establishes first dedicated space unit

Royal NZ Air Force establishes first dedicated space unit

04 Jul 06:24 AM
The nearly fatal gas exposure case that rocked Greymouth

The nearly fatal gas exposure case that rocked Greymouth

04 Jul 06:03 AM
From early mornings to easy living
sponsored

From early mornings to easy living

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP