An accusation of rape may have led to the fatal bashing of an Oamaru man on a beach north of Dunedin last year.
The facts of the murder of 23-year-old Jamie Ellis at Blueskin Bay in April last year have been made public following guilty pleas yesterday from a Dunedin father and son.
Mark Carruthers (18) yesterday pleaded not guilty to a charge of murder, but guilty to manslaughter following a sentence indication from Justice Lester Chisholm in the High Court at Dunedin.
The judge, who was unavailable at a later date, then sentenced Carruthers to two years' jail for his part in the beating of Mr Ellis.
Carruthers' father, Dean Carruthers (48), who was initially also charged with murder, pleaded guilty yesterday to amended charges of being an accessory after the fact of grievous bodily harm by Peter Richard Holmes (26), of Ocean View, on Mr Ellis, by driving Holmes to Oamaru and Dunedin after the attack; and being an accessory after the fact of assault by Mark Carruthers on the victim, by washing his son's blood-stained clothing after the attack.
Holmes has already pleaded guilty to murdering Mr Ellis and is to be sentenced next month.
A summary of facts said the Crown accepted Mark Carruthers was under the influence of Holmes' domineering personality.
It said on April 14 last year, the three men travelled together to an Oamaru house to attend a birthday party for a woman Holmes was interested in meeting.
Mr Ellis was at the party and during the course of the evening Holmes became aware of an allegation that Mr Ellis had raped the woman.
The Carruthers left the party and returned to Dunedin, but after a text from Holmes, they drove back to Oamaru.
At some point, Holmes asked Mr Ellis if he wanted to go for a drive and have a few drinks. He agreed and the four men travelled back to Dunedin, where Holmes stole a car.
He then drove around Dunedin with Mr Ellis, stopping at a dairy and an ATM before going to Blueskin Bay near Warrington, where they met the Carruthers, who were travelling in their car.
Dean Carruthers remained in his car while the others drank and smoked in a car park.
At some stage, Holmes attacked Mr Ellis. Mark Carruthers initially joined in with the punching and kicking, cutting his hand in the process.
He stopped, but Holmes continued to attack Mr Ellis using weapons, including a wheel brace, which ultimately killed him.
The Crown accepted Mark Carruthers was not aware Holmes intended to kill Mr Ellis.
The body was dragged about 20m into the inlet below the high tide mark, where it was found by a local resident walking on the beach the next morning.
After the attack, the three men dumped the stolen car at Shag Point Beach and returned to Oamaru, where Dean Carruthers bought food at a service station, paying with two $20 notes "covered in fresh coagulated blood".
They went to the house where the party had been held.
Holmes changed into different clothes after blood was noticed on the clothes they were wearing.
They then returned to Dunedin to their respective homes.
Holmes subsequently set fire to Dean Carruthers' car in Kaikorai Valley Rd and Dean Carruthers washed his son's bloodstained clothing.
The men were arrested within one day of the murder and the Carruthers were initially set to go to trial this month.
Justice Chisholm told Mark Carruthers he accepted the youth had had a difficult childhood, but that was no excuse for this sort of offending.
He said the situation was aggravated because the offending was unprovoked, there were two attackers and multiple blows, but gave Carruthers a 50% discount on a starting point of four years' jail for the fact he withdrew from the attack, was young, had pleaded guilty, was clearly remorseful, and lacked any previous convictions.
He also ordered Carruthers to undertake various counselling and education programmes, and gave him a "three strikes" warning.
He noted Carruthers would be due for parole in late August, having already spent nearly a year in prison on remand.
Holmes, who is in custody, is to be sentenced on August 16, the same day as Dean Carruthers, whose bail was continued until then by Justice Chisholm.
The charges
• Peter Richard Holmes (26), of Ocean View: Guilty of murder.
• Mark Carruthers (18), of Dunedin: Guilty of manslaughter.
• Dean Carruthers (48), of Dunedin: Guilty of being an accessory after the fact (two charges).
