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Home / New Zealand

'People will know something': Mayor calls on public to help solve Lois Tolley cold case

Hazel Osborne
By Hazel Osborne
Open Justice multimedia journalist, Wellington ·NZ Herald·
2 Feb, 2022 11:18 PM3 mins to read

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Upper Hutt Mayor Wayne Guppy has appealed to the public to come forward with information into Lois Tolleys murder. Photo / File

Upper Hutt Mayor Wayne Guppy has appealed to the public to come forward with information into Lois Tolleys murder. Photo / File

Someone knows something about the murder of Upper Hutt woman Lois Tolley, and it's time they come forward.

That's the message from Upper Hutt mayor Wayne Guppy after news the charges against her accused murderers have been withdrawn.

Lois was murdered in her Upper Hutt home in December 2016 when a group of four people allegedly attacked her with a machete and fatally shot her at point-blank range.

Guppy says it was a major event in the community and there was relief when the alleged culprits were charged three years after her death. He says now those charges have been dropped, there will be disappointment.

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Upper Hutt mayor Wayne Guppy. File photo / Mark Mitchell
Upper Hutt mayor Wayne Guppy. File photo / Mark Mitchell

The three men accused of Lois' "execution style" murder were set to go on trial next week. That trial will now not happen.

According to Justice Simon France, the case for the Crown unravelled over a three-month period at the end of last year and charges were withdrawn due to lack of evidence.

"The Crown accepts it has insufficient evidence to sustain a guilty verdict," Justice France said.

It took three years for charges to be laid against the first of the three who were facing the now-withdrawn murder charges, as well as aggravated burglary and assault with intent to rob.

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A complete dismissal was sought by one of the trio after a judgment in September 2021 excluded admissions made by the man to police. This dissolved the bulk of the case against him.

The Crown accepted the lack of evidence and sought leave to withdraw the charges.

Judge France said withdrawal, rather than dismissal, was more suitable because of the seriousness of the charges and the possibility of an ongoing investigation.

Justice France granted the withdrawal on December 2 and within days the charges against the second man were withdrawn in large part because of admissions he had made to fellow prisoners.

Discover more

New Zealand

'A kick in the guts': Murder victim's family feels let down by justice system

02 Feb 12:04 AM
New Zealand

Lois Tolley murder: Lack of evidence unravels Wellington cold case

01 Feb 08:27 PM

"The Crown reached the view it could not call these witnesses, and accepted this created an evidential insufficiency."

A key witness against the third person had previously faced charges of perverting the course of justice. The Crown decided they could not call her as a witness.

Lois' mother Cathrine Macdonald and her partner Rodney said the collapse of the case was another kick in the guts after five long years of fighting for justice in their daughter's case.

"This is another kick in the guts for all of Lois's 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."

They say they feel let down by the justice system they believed was set up to protect them.

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Guppy and Lois' family have appealed to the public to come forward with information, as the investigation continues.

"People will know something, and if you know something or have something to pass onto the police this murder needs to be solved and it will be solved.

"I know the police will continue to investigate to get the culprits and if you know anything get a hold of the police quickly," Guppy said.

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