NZ Herald story here .
It was his third serious sexual attack since 1991.
From the Dominion Post 22nd November 2003
Jail terms totalling at least 35 years were handed down to three men at the High Court in Wellington yesterday for two unrelated murders and a violent sex attack. Upper Hutt man Lee Hori Bishell, 28, is to serve at least 17 years for murder; Fergus John Glen, 36, from Wainuiomata, was jailed for a minimum of 10 years for murder and 29-year-old Edward Elgar was sentenced to preventive detention, with eight years non parole, for the sex attack. Alcohol and drug use featured in the three crimes. Bishell killed eccentric Upper Hutt pensioner Johnny Walker, 72, after taking P, pure methamphetamine.
The Crown said Bishell entered Mr Walker's flat to steal money or goods to help pay a drug debt. Mr Walker, who was killed in his bed, probably woke during the burglary and Bishell bashed him at least 20 times with a solid object which was not found, the Crown said. Bishell continues to deny he was the killer. Justice Gendall said that, but for P, Bishell -- virtually a first offender -- would not have committed the murder. Changes to sentencing laws last year meant the court had to impose at least a 17-year minimum non-parole period, he said. Mr Walker's daughter Winnie Walker said later that at first she had wanted to string Bishell up from the nearest lamp-post, but she could "handle" the sentence.
Wainuiomata man Fergus Glen was jailed for life for murdering his 33-year-old brother Craig with an axe. The death, at his parents' house in Wainuiomata on March 7, followed months of feuding. Glen, single and unemployed, struck his brother -- who was married with three children -- on the face and neck eight times with a wood splitter after his brother failed to thank him for cooking dinner earlier in the evening. Glen had been drinking whisky. Justice Lowell Goddard said the impact of the murder on Glen's family had been "quite devastating". But while "savage and inexplicable", the killing was "situation specific", which led to the 10-year sentence being imposed -- the minimum allowed non-parole period for murder.
The sentence also recognised Glen's guilty plea. Court documents show that on the night of the murder Glen was still fuming at his brother after a fist fight months before. Jealousy also played a part, his mother Frances told police in a statement. Craig Glen had recently returned to his parents home after separating from his wife. "(Glen) was used to being at home with us on his own and thought that Craig was taking over his territory." Justice Goddard said Glen's father Thomas, who was in court, and mother had suffered "huge grief at the loss of one son at the hands of another". The victim's wife, who lives in Waipukurau, was also in court.
A pre-sentencing report on Edward Elgar said he was a "profoundly damaged" man after his latest violent sexual attack on a young woman. Elgar admitted detaining a 20-year-old Wellington woman without her consent, threatening to kill her, sexually violating her by rape and by unlawful sexual connection, and assaulting her with a knife. Elgar, drunk and stoned after a drinking-and-cannabis session in a nearby park, attacked the woman at a flat in Mt Cook after she had walked him home. It was his third serious sexual attack since 1991. Pre-sentencing reports indicated he had a liking for deviant sexual practices, including sadism and was a "very high" risk of carrying out further serious sexual attacks.
One report said he had a 64 per cent chance of attacking again within five years, and the other labelled him a "profoundly damaged individual". Justice France said Elgar, the middle child of five, had been physically and sexually abused as a child. He had lost contact with his family since 1993. Elgar's lawyer, Paul Surridge, said Elgar had apologised to his victim and had acknowledged he needed help. He said Elgar, who had a "hopeless addiction" to drink and drugs, should be moved to a prison in Christchurch where he would be able to join a treatment course that was best suited to his type of offending.
Date of Birth
1975 (D.O.B. is approximate)
Three Strikes Status
Sentenced to 12 years 6 months in March 1995
Sentenced to preventive detention with a 8 year minimum non-parole period in November 2003
Eligible for possible release November 2011
Additional Photos & Files
Associated Media Links Edward Elgar Sentencing Notes
OFFENCES / CONVICTIONS
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