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Convicted murderer Russell John Tully may undergo medical tests in an effort to prove that he was not mentally responsible for the fatal shooting of two Work and Income employees.
Tully, now 54, is fighting his sentence and sentence of life in prison, with a minimum period of 27 years without parole. His appeal was heard by the Christchurch Court of Appeals on Thursday, where he represented himself.
Tully was armed with a shotgun when he entered the Ashburton Revenue and Labor office on September 1, 2014, thinking he had been treated unfairly for several months.
He was convicted in 2016 of the murders of receptionist Peggy Turuhira Noble and social worker Susan Leigh Cleveland, and the attempted murder of Kim Elizabeth Adams. He was found not guilty of attempting to murder Lindy Curtis, whom he shot in the thigh.
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Tully’s appeal focused on claims that he was chronically ill during his trial and previous court proceedings. He argued that the Department of Corrections withheld the over-the-counter medication he used to treat his alleged anonymous condition, which meant he “couldn’t understand anything.”
STACY SQUIRES / FAIRFAX NZ.
A Christchurch Superior Court jury found Tully guilty of killing Work and Income workers Peggy Noble and Leigh Cleveland on Monday, September 1, 2014, and guilty of the attempted murder of Kim Adams.
Tully said he treated his condition by pouring hydrogen peroxide into his ears. He claimed that this took him up to five hours a day, thus he “did not have enough time” to properly prepare for his trial.
He claimed that his condition was caused by a genetic chromosomal abnormality associated with various autoimmune disorders that could cause cognitive dysfunction.
That’s why he couldn’t show any remorse at the time, he said. “It just wasn’t working properly.”
He claimed that his defense attorney did not follow his instructions and raised “medical mental health issues” that were crucial to his case.
In an attempt to prove he was suffering from psychosis during the preparation of the trial, Tully said he received court documents and thought that the black blocks hiding the redacted information “were evil.”
“I tore them apart, poured noodles on top, and peed on top,” he said.
JOHN KIRK-ANDERSON / Stuff
Ashburton Work and Income shooter Russell John Tully represents himself during his appeal against his conviction and sentence in the Christchurch Court of Appeals.
Tully wanted more medical tests done, including chromosome tests and an antinuclear antibody test, which he believed would prove that his condition had affected his mental capacity.
Judge Forrest Miller agreed with the evidence and that Tully could make presentations on what the results meant in relation to his guilt.
Christopher Stevenson, who was appointed as an amicus curiae by the court, said the delusion of Tully’s skin condition cannot be blamed for his offense, but that doesn’t mean it had no effect.
He noted that a psychology expert had said that Tully was “abnormally and intensely focused on the condition of his skin” and was overwhelmed by a sense of injustice when social services and health services failed to recognize his condition.
JOHN KIRK-ANDERSON / Stuff
Christopher Stevenson was appointed amicus curiae by the court for Russell John Tully’s appeal against his conviction and sentence.
“Although this, in my opinion, is not enough to reach the threshold of insanity … it is unlikely that the circumstances that led to his violation would have arisen had it not been for his delusional belief about his health,” said the expert.
Rebecca Thomson of the Crown said it was misleading to suggest that Tully’s complaint with Work and Income had primarily to do with her health problems.
“It had to do with their sense of entitlement and their frustration that those rights weren’t being provided.”
She repeated evidence of Tully’s dissatisfaction with the financing, housing assistance, and transportation assistance offered to her. He was also angry after Work and Income refused to give him a mobility scooter, which he had no evidence of needing.
JOHN KIRK-ANDERSON / Stuff
Russell John Tully is serving a life sentence with a minimum period of 27 years without parole for the murder of two Ashburton Work and Income employees.
Thomson argued that further medical testing would be useless, as expert evidence showed that Tully’s distinctive personality traits had an impact on his violation, not a chromosomal disorder.
‘Defiant personality’ does not mean mentally ill
Christchurch attorney James Rapley QC, who was one of two court-appointed amicus curiae to help during Tully’s trial, said Tully had been concerned about his perceived skin condition, which he claimed affected his brain and meant that he was not fit to stand trial.
Rapley said Tully seemed to be able to understand what was going on and engage with his attorney.
JOHN KIRK-ANDERSON / Stuff
Rebecca Thomson appears to the Crown during the Court of Appeal hearing.
Thomson said those who dealt with Tully agreed that he had a “defiant personality” and suffered from delusions about his skin condition, but that didn’t mean he was crazy when he committed the murders.
Judge Miller said he felt that further medical evidence would be “of limited relevance” but that it may have a bearing on Tully’s sentencing.
The judge reserved his decision pending the outcome of the tests.
