Time of death crucial in McCarthy murder trial

Joanne McCarthy was beaten to death shortly after last being seen alive, a pathologist told a jury in the High Court at Auckland yesterday.

Dr Jane Vuletic's evidence is central to the crucial timing of events surrounding the Whangaparaoa woman's murder on November 12, 1998.

Travis Burns, a 32-year-old from Titirangi, is accused of murdering the 33-year-old kindergarten teacher in her home before dumping her body in a bath of water.

Prosecutors maintain that Joanne McCarthy, who was last seen alive by a friend at 11.35 am, was killed as she prepared to feed her 11-month-old son Marcus and the 14-month-old child of a friend.

The Crown contends she routinely fed Marcus between 11.30 am and noon before having her own lunch.

Burns was captured on a Milford bank surveillance video at 12.50 pm.

About the same time a mysterious yellow ute was seen at Joanne McCarthy's home.

For months the ute was the focus of police attention, but at the start of the trial last week, Simon Moore, the Crown Solicitor for Auckland, said it was now considered a "red herring."

However, from cross-examination of witnesses by Burns' lawyers Barry Hart and Mike Levett, it is clear that the yellow ute plays an important part in the defence case.

Joanne McCarthy's body was found by a friend between 1.30 pm and 1.45 pm.

Dr Vuletic told the court that Joanne McCarthy had not eaten for at least two hours before her death.

She also said that the colour of the dead woman as described by the friend who found her suggested that death was in the early part of the two-hour period between her last being seen alive and being found dead.

In addition, her body temperature strongly suggested death occurred in the first hour.

Dr Vuletic said that a hammer may have been used on Joanne McCarthy, who would have died rapidly from a severe head injury.

Though found submerged in a bath of water, she had not drowned.

There were marks consistent with attempted strangulation, and injuries which could have been caused by punches or kicks.

There were also defence-type injuries as Joanne McCarthy raised her arm to protect herself.

Dr Vuletic is to be cross-examined by Mr Hart, possibly today.

The court also heard from former Detective Sergeant David Ellis, who interviewed Burns as one of a number of possible suspects three weeks after the killing.

Burns told him he had been planting out cannabis seedlings in the Puhoi area on the morning of the killing before driving to Milford where he went to the Warehouse and then to the BNZ.

The officer said Burns showed him where he said he had planted the cannabis, but there was no sign of any seedlings or remnants of cannabis plants.