Men found guilty over transvestite death

Published: 2:05PM Friday November 05, 2010 Source: NZPA

Two men were today found guilty in the High Court at Wellington of the manslaughter of Upper Hutt transvestite, Richard Jones.

However, the Crown may seek to have Phillip Christopher Sanders, 42, and David Shaun Galloway, 20, retried on the original charges of murder.

The jury of seven women and five men were unable to reach verdicts on the murder counts, nor could they unanimously agree on the guilty findings to the lesser charge.

But the jurors - who have had a fraught few days struggling to make decisions after a trial lasting nearly a month - came in early this afternoon with majority (11-1) verdict against the pair.

Late this morning the outcome of the trial was looking shaky after claims of bullying in the jury room.
Justice Robert Dobson warned that a verdict reached under such circumstances would be "entirely unsafe".

He sent the jurors back to their deliberations, cautioning them that they must each come to their decisions of their own free will.

When they returned less than two hours later, the judge expressed appreciation for their work under stressful circumstances and discharged them.

Prosecutor Tom Gilbert then suggested Justice Dobson should hold off convicting Sanders and Galloway of manslaughter until after the Crown had had time to consider a retrial on the primary counts of murder.

He asked that the men be remanded in custody without conviction in the meantime, rather than be guilty of manslaughter before the prosecution had the opportunity of  "another go".

Gilbert said he wanted to make it clear that the Crown "may well wish" to pursue a murder retrial.

Justice Dobson said that was its entitlement and he acknowledged Mr Gilbert's reservations.
But the move was "not free from complexity".

With Christmas approaching it could mean Sanders and Galloway were behind bars on remand for some time without convictions being entered, while the Crown decided what to do.

Justice Dobson proceeded to enter manslaughter convictions "over the Crown position".

He remanded the pair in custody for sentencing on December 10.

Sixty-four-year-old Jones died after a brutal beating in his small flat on April 29 last year.
A small-time drug dealer, he dressed as a woman and was known as "Diksy".

Police found Sanders and Galloway in his Totara Park Rd home after neighbours reported loud yelling and banging. Jones' pulse stopped soon after officers arrived.

The prosecution said at the trial that his injuries were consistent with sustained hitting, stomping and kicking about the head and body.

Jones' blood was spattered on the bedroom walls and also on the clothes and shoes the two accused were wearing.

Sanders and Galloway each blamed the other for the fatal blows that killed the victim, who suffered a fractured skull, 21 broken ribs, internal injuries and extensive bruising