Wild West rules: Killing accused not welcome home

A woman charged with killing a West Coast publican is being blocked from returning to her home by angry locals. Photo / Dean Purcell

Threats, letters to the court, and even a petition from a group of Little Wanganui residents on the West Coast have blocked a bid to allow the return of a woman charged with the manslaughter of the local publican.

Justice John Fogarty said he dismissed the appeal by Carmel Helen Whittle "with great reluctance" when he delivered his judgment in the High Court at Christchurch today.

Whittle wants to return to live in her house just over the road from the pub where the fight occurred on the night publican David White died. She has told the court she is willing to take the risk in the face of threats by some in the community, Christchurch Court News website reported.

Her defence counsel Pip Hall spoke of "veiled or direct threats" to torch her house, though the people involved must realise that her former partner and her two sons aged 14 and four were living at the house.

Justice Fogarty said: "My concern is that although she is prepared to take that risk, one of the functions of the law is to maintain peace within communities and that matters could get out of hand resulting in harm to her or to other people involved."

He said it was difficult for him, as a judge sitting on the east coast, because he was totally reliant on the assessment by the local police.

"The Greymouth police are essentially concerned that were Mrs Whittle to be allowed to go back to Little Wanganui they would have real issues about her safety.

"They are not in a position to provide any effective protection should matters get out of hand, due to the distance involved and the isolated community."

The police had suggested she could live in Westport if she wanted to return to the area.

While on bail she is now living with relatives at the township of Leeston, near Christchurch.

Her former partner is struggling to look after her two sons at her home while she is away. The elder boy was settled and doing well at school and did not want to leave the area, Mr Hall told the court.

The court has received a bundle of letters from local residents, passed on through the police and the crown, and crown prosecutor Phil Shamy said there was now a petition signed by 50 local residents saying they did not want Whittle to return.

Mr Hall said the population of the area was 650, and he was sure he could obtain letters of support from local people. "There are numerous people from the district who would welcome her return."

Justice Fogarty said that bailing Whittle on terms that did not allow her to return home "is a significant restraint on her normal citizen's rights to live where she wants". She was entitled to the presumption of innocence and the purpose of the Bail Act was to give effect to that presumption.

The court had discussed her returning to the West Coast but not living at Little Wanganui. Instead, she would live at a property in Blue Duck Valley about 8km away. She would have been subject to a night time curfew, would have had to shop at Westport rather than in Little Wanganui, and would have reported regularly to the Westport police.

Justice Fogarty said the police summary of facts indicated she had gone to the bar on July 3 to remonstrate with the publican and it was alleged that she hit him twice. He fell and died and the issue at trial would be whether he had died as a result of the blows.

"Very strong feelings are running," said Justice Fogarty. He said he was essentially in agreement with Christchurch District Court Judge Brian Callaghan who had decided on July 23 that he would not allow Whittle's return to Little Wanganui.

"As Judge Callaghan has observed, sometimes in these sort of cases tempers will cool off and other arrangements may then be able to be made," he said.

- NZPA