Labor and Economic Shooting: Gunman Russell John Tully’s Appeal Underway in Christchurch

The judges have withdrawn to consider the Ashburton Work and Income killer’s offer for a reduced sentence.

The shooter has taken his case to the Christchurch Court of Appeal.

Russel Tully, 54, has asked the court to consider the results of his chromosome test.

Crown attorney Rebecca Thomson QC said that while the chromosomal disorder Tully suspects she has is associated with a variety of psychological problems, whether her personality problems are genetic is irrelevant.

“His interactions with WINZ were not about his beliefs about skin condition, but about his sense of entitlement.”

Presiding Judge Forrest Miller has agreed to allow a reasonable amount of time for testing before making a decision.

He said it could be related to the Tully sentencing.

In 2016, Tully was jailed for life with a minimum period without parole of 27 years.

Judge Cameron Mander described the shootings at the time as “cold-blooded executions” by a “very dangerous person” capable of extremely violent actions.

Tully was found guilty of being the masked gunman who broke into downtown Mid-Canterbury Winz on September 1, 2014.

He was only in the building for 60 seconds, but in that time he killed 67-year-old receptionist Peggy Noble point-blank, and shot 55-year-old case manager Susan Cleveland three times as she pleaded for her life.

Tully was also found guilty of attempting to murder case manager Kim Adams, who felt a bullet go through her head.

He was found not guilty of attempting to murder case manager Lindy Curtis, who was shot in the leg and seriously injured while hiding under a desk.

Tully is representing himself in court today, supported by amicus curiae, friend of the court, Christopher Stevenson, QC.

Tully’s demeanor is much calmer than in previous court appearances, during one of which he had to be removed from court and restrained in a wheelchair.

Today he is sitting quietly on the bench with the Corrections staff, going through banana boxes with lengthy notes and paperwork he has prepared.

Stevenson is questioning Tully’s amicus curiae at his original trial, James Rapley, QC, who is being asked about his interactions with the defendant at the time, and whether he believes Tully was able to fully participate in the trial.

Rapley has told the court that Tully spent much of his pretrial time worrying about a skin condition that he thinks he has, which he treats by pouring hydrogen peroxide into his ear canals.

The court heard Tully tell attorneys that he believed he had only two years to live and that he would die in jail.

Rapley confirmed that Tully was concerned in meetings about how he did not have time to prepare for his trial, because it took him five hours a day to treat his condition.

He also confirmed that Tully was unable to be present for most of the trial, and claimed that he was unable to hear the evidence because his ears were sore.

“At one point, Tully was just lying under a blanket moaning as the trial continued downstairs.”

Tully has argued that he was not physically or mentally fit to stand trial and believes that he may have an extra chromosome.

The gunman has now questioned Rapley and made his own presentation to the court.

Tully asked Rapley why he never sought a specialized medical opinion on his reported condition.

“The skin is the largest organ in the body, it is made up of multiple layers. Did you ever think of sending me for more tests?”

Rapley said he did not think further testing was necessary.

But Tully argued that almost all of his medical reports were done by primary care specialists and a microbiologist who only gave him a cursory glance.

Tully also asked Rapley if he thought he had a neurosis.

“I certainly saw that you had certain personality traits … I didn’t feel like you couldn’t pay attention, understand or speak. I’ve dealt with clients who were in that space, who didn’t even know who I was.”

Tully gave evidence that he was in constant mental anguish in his management unit at the Christchurch Men’s Prison.

“I received some documents from the court and I actually destroyed them.

“I thought the redacted black lines were bad, so I broke them, put noodles on them, and prayed on myself.”

Tully mentioned that she had a skin test done, which an expert told her looked like she might have an extra Y chromosome.

Presiding Judge Forrest Miller said there is now funding for a DNA profile to prove this.

Current amicus curiae Stevenson has argued that Tully was given incorrect advice that he could not plead insanity.

He has received an additional psychological report, which suggests that the intensity of Tully’s belief in the condition of his skin indicates a disease of the mind.

“Much of what was considered obstructive behavior [in his trial] It could have been outrage that her condition was considered psychological.

“His unwavering, fixed belief that a skin condition reaches the brain would have obstructed meaningful participation in the trial.”

The right to be present extends both psychologically and physically, Stevenson said.

However, the Crown’s attorney, Rebecca Thomson QC, rejects the arguments that Tully was insane and said that his skin condition is irrelevant to his offense.

“All psychologists say he has a defiant personality, but he was not insane in a relevant sense at the time of the crime.”

Thomson acknowledged that psychological reports say she may have an antisocial or narcissistic personality disorder, but she said none of the doctors had enough information about her past to diagnose it.

Tully has so far only been diagnosed with a somatic delusional disorder, centered on his alleged illness.

But he rejects this diagnosis, Thomson said.

“There is clear evidence when he went there that day, he knew what he was doing was morally wrong.

“He hid his cell phone … he wore a balaclava … he got away on his bike while avoiding people’s attempts to stop him, and even traded it for another bike hidden nearby. He also got rid of his shotgun.”