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Home / Rotorua Daily Post

Murder trial: Jury returns not guilty verdicts for relative in Savage Thunder stabbing

Kelly Makiha
By Kelly Makiha
Multimedia Journalist·Rotorua Daily Post·
21 May, 2021 07:00 AM4 mins to read

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James McFarlane appearing in the High Court at Rotorua this week charged with murder. Photo / Andrew Warner

James McFarlane appearing in the High Court at Rotorua this week charged with murder. Photo / Andrew Warner

He plunged a large knife through the chest of his brother-in-law and he died within minutes.

But a jury has said it wasn't murder. The jury also said it wasn't manslaughter and now James McFarlane Snr from Edgecumbe is a free man.

McFarlane Snr and members of his family broke down in tears as the High Court jury at Rotorua delivered its two not guilty verdicts today.

The jury believed the defence case that McFarlane stabbed Thunder Savage in an attempt to save his son, James McFarlane Jnr's, life.

McFarlane Snr has this week been standing trial in the High Court at Rotorua for the murder of Savage at a family home in Edgecumbe in the Eastern Bay of Plenty on October 2, 2019.

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It was the Crown's case that McFarlane Snr had murderous intent when he left his son fighting with Savage inside the home to get a knife, coming back and stabbing him under his arm, slicing through his rib, entering his lung and then his heart.

But it was the defence's case that McFarlane Snr acted quickly in a fast-moving situation to protect the life of his son from Savage, who had previously been acting in a threatening and violent manner.

McFarlane Snr stabbed Savage with the knife as Savage raised his left arm holding an oyster shucker in his hand.

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Tauranga prosecutor Sefton Revell told the jury of seven women and five men several family members lived at the Hydro Rd home where Savage's parents lived.

McFarlane Snr's wife, Beverley McFarlane, and Savage were brother and sister. Savage had asked his sister to move to the home a year earlier to help care for their mother who suffered from advanced dementia.

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On the day Savage died, an argument erupted between McFarlane Snr because Savage was banging cupboard doors, which upset McFarlane Snr as the elderly Savage parents were still asleep.

A physical fight broke out about 8am which was heard by McFarlane Jnr, who had been sleeping outside in the garage.

As McFarlane Jnr and Savage were fighting, McFarlane Snr got a knife with an 18.5cm blade from his vehicle. The Crown argued this proved McFarlane Jnr's life wasn't at risk as McFarlane Snr wouldn't have left his son if Savage was getting the better of him and threatening his life.

However, defence lawyers Roger Gowing and Caitlin Gentleman successfully argued the opposite, saying McFarlane Snr had good reason to fear Savage given his actions in the days leading up to the stabbing.

In evidence Beverley McFarlane said her brother would often yell loudly and spit and swear in their father's face.

"He would say to him 'your kid's dead' and call my father horrible words ... My dad would be shaking when Thunder was like that with him."

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She said at one point Thunder brought the Mongrel Mob to her parents' gate and they were bashing the gate.

The jury heard the night before Savage died, there was an incident in the family home when Savage approached his mother, who was sitting beside the fire, and told her "one of your children is going to die and I need a lot of bullets", Beverley McFarlane said in evidence.

After the jury delivered their verdicts, McFarlane Snr was let into the public gallery where he hugged and cried with members of his family. Members of Savage's family left the public gallery, some in tears, as soon as the verdicts were handed down.

Earlier and before the trial started, McFarlane Snr pleaded guilty to a charge of perverting the course of justice.

Justice Paul Davison, who presided over the trial, said suppression around that charge now lapsed and he remanded McFarlane Snr on court bail to reappear for sentencing on July 16.

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