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Morris murderer handed life sentence

Author
Alex Mason,
Publish Date
Fri, 11 Sep 2015, 9:48am
Michael Murray (NZ Herald)
Michael Murray (NZ Herald)

Morris murderer handed life sentence

Author
Alex Mason,
Publish Date
Fri, 11 Sep 2015, 9:48am

The man who killed Connor Morris in a drunken street fight has been sentenced to life in prison.

Michael Murray was found guilty of murder after a speedy two-week trial at the High Court in Auckland last month.

Today he was handed a life sentence, with a minimum non-parole period of 10 years.

Connor Morris died during a street brawl in August last year; sparked when he ran to defend a friend who’d been kicked in the head, out of the blue, in what the judge today described as "a moment of drunken madness".

The 26 year old had been at a house warming at his sister Cymmion's new home on Dun Buck Road in the west Auckland suburb of Massey.

He had spent the evening with his partner of more than six years Millie Elder Holmes, family, and friends - including Head Hunters gang members.

Shortly after midnight a trio from the housewarming were walking down the road on their way to the store when they encountered Murray's friends, highly intoxicated after a 21st birthday party.

One of the partygoers, 17 year old Trevor Morunga, approached the three men on the pretence of greeting them.

He then lashed out, kicking Mr Morris' friend.

Within minutes Mr Morris and others were sprinting down the road; things quickly escalated into a full on brawl.

During the fist fighting, Murray went and collected a long-handled sickle-like weapon from his garden.

He used the hefty, rusting gardening tool to cut down Mr Morris; hitting him in the back of the head with such force that he died almost instantly, the blade penetrating his skull.

The jury of eight men and four women in Murray's trial heard how Millie Elder Holmes saw her partner fall; tried desperately to stem the blood pulsing from the horrific wound.

Murray initially lied to police on multiple occasions, claiming he was in bed when the fighting took place.

But as more friends and family gave evidence placing him at the scene - some recalling him holding a large stick-like object - he changed his story; admitting he struck Mr Morris, but saying he was defending his younger brother and did not intend to kill him.

Murray was subdued throughout this morning's proceedings, maintaining his focus on the judge, not once glancing at the public gallery - packed with members of Mr Morris' family, friends and supporters.

He was calm and collected as he heard the news that at least a decade in prison stretches before him - much of that likely to be spent in isolation.

The only reaction from those in the public gallery was an expletive-laden remark hurled across the courtroom as Murray was being taken down.

Both sides were largely in agreement on what should happen today.

Crown prosecutor David Johnstone submitted that a life sentence with a minimum non-parole period of 10 years would be appropriate.

He said that Murray took drastically inappropriate action.

"When he went to go and get his weapon, the proposition that that was simply available for the purpose of scaring somebody up on the street that night is a fanciful one.

"There must have been some awareness, at the very moment that he went to get it, that he would...choose to use it. And that is exactly what happened."

Murray's defence lawyer Marie Dyhrberg told the court today that if the judge chose to impose a life sentence, she and the prosecution were in agreement that a 10 year minimum non-parole period - the shortest non-parole period which can be afforded with a life sentence - would be appropriate.

She argues that this was a case where there was very little time for reflection, for any sort of cool appraisal or any assessment at all.

"The hope that Mr Murray felt that he could threaten and scare the people carrying out the assault is a submission that has been made and that is still maintained today."

But Justice Edwin Wylie told Murray that he needs to be held accountable.

Even if it was true that he was acting out of defence for his younger brother, as Murray claimed, it was argued he used excessive force in swinging the blade into the back of Mr Morris' head during the fist fight.

Justice Wylie said he had to consider the gravity of the offending.

"I have had regard to the need to hold you accountable for your offending, the need to promote in you a sense of responsibility for - and acknowledgement of - that offending.

"And importantly, the need to denounce the conduct in which you were involved."

Justice Wylie said it is also important to deter others from committing similar acts.

The night Mr Morris died unfolded in a manner all too familiar to the judge who sentenced his killer.

Justice Wylie said this case has all the characteristics associated with serious assaults and killings.

"Young men who have been drinking too much, and who have become involved in provocative and threatening conduct, which has quickly escalated into physical violence and, on occasion, death."

He acknowledged Murray's remorse but says the man was old enough to know better when he made his fateful decisions that night.

The judge told Murray he was not a callow, intoxicated youth - unlike others involved in the violent west Auckland street fight.

He referred to the evidence of an independent eye witness, who watched from an upstairs window of a home on Don Buck Road as Mr Morris was struck down.

"(She testified that) you did not pause, that you did not do anything to indicate that you were first trying to get Mr Morris' attention.

"And that it looked like you knew what you were going in there to do."

The next decade will be a lonely time in prison for Murray.

The Head Hunters gang and some of its associates have been very vocal in threatening the man who killed the son of one of their leaders, Chris Morris.

In the days following the killing, and before Murray was arrested, threats were made across social media.

When Murray was convicted of Mr Morris' murder, a member of the public yelled "Murray, your time is coming" across the courtroom.

Justice Wylie accepts that imprisonment will be hard for the 34 year old, "Threats have been made to your safety. The Department of Corrections is aware of those threats and it's likely that you'll be kept apart from many other prisoners.

"That is unfortunate, but it is not unique."

Murray's lawyer Ms Dyhrberg said keeping someone in isolation is a form of torture - but there's no alternative if he is to be protected.

Before the sentence was handed down, she submitted that if he was to receive a life sentence he would be at danger for the rest of his life.

She argued that living with such threats hanging over him would be a serious mental health issue.

"There are very few circumstances where these threats are as real as these ones are.

"And he has no way of competing, no way of answering those and defending those."

Ms Dyhrberg said the sentence is appropriate and very fair, which she and her client are grateful for.

However, she said they're still considering whether there are grounds for an appeal – which they have 28 days to file, if they choose to do so.

 

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