The jury in the Tony James Riley murder trial heard yesterday the accused had suffered depression for 10 years prior to February 14 last year when he shot his wife’s lover.
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Riley is charged with murder over the Valentine’s Day shooting in Gulgong of real estate agent David Glenn Nichols.
On Monday in Orange Supreme Court Riley pleaded not guilty to murder, but guilty to manslaughter, Acting Justice Jane Matthews instructing the jury their job was to decide whether Riley was guilty of murder or manslaughter.
Yesterday two psychiatrists, a police negotiator, neighbours of the deceased and two former employees of Riley’s Gulgong real estate office were among witnesses who took to the stand.
Dr Olav Neilsson and Dr Bruce Westmore gave evidence via videolink from Sydney. They both testified that at the time of the shooting, Riley was suffering from a major depression.
Both psychiatrists said they had recently interviewed Riley and further drew their conclusions from reports written by Riley’s former medical practitioner, former Gulgong doctor Glenys Caterson.
Dr Caterson had been treating Riley for his depression over a 10-year-period, including after a 2002 suicide threat, and, at one time, recommended that he attend St John of God Hospital in Currajong, near Richmond, for treatment.
At the time of the shooting, the psychiatrists believed the disease had affected Riley to such an extent that he was unable to appreciate the full consequences of his actions, or know right from wrong.
The psychiatrists also referred to a report from a marriage counsellor, Marilyn Wilson and former Gulgong real estate office employee Jane Hanna, who also testified that she noted Riley’s depressive state.
The jury heard that at the time of the incident Riley’s judgement was impaired, he still loved his wife and was upset by the affair she was having with victim David Nichols. Valentine’s Day was a significant date for the shooting.
Justice Jane Matthews addressed the jury, noting an argument of partial defence had been put forward because of abnormality of mind but that defence had to be proven.
Basically, she said it had to be proven that the accused’s capacity to understand the offence was impaired, that he didn’t know right from wrong and was unable to control himself in order for the charge to be downgraded to manslaughter from murder.
Police negotiator Detective Senior Constable Josh Holdgate testified he was unable to contact Riley on his telephone services after the shooting and up until the time he was found.
Her Honour allowed the jury to retire early when legal argument between the Crown and the Defence bogged down on the admissibility of evidence from the next witness was not resolved.