John Barlow

Timeline

• 16 February 1994 — Financial dealers Eugene and Gene Thomas, father and son, were found shot to death in their offices at the Invincible Building on The Terrace in Wellington.
• 5.30pm (16 February 1994) — A missing diary page on Eugene Thomas's desk recorded an appointment with John Barlow at 5.30pm.
• 1995 — Barlow was tried for both murders; the first trial ended in a hung jury.
• 1995 — The second trial ended in a hung jury.
• October 1995 — A third trial took place; John Barlow was found guilty of both murders.
• March 2009 — The New Zealand Court of Appeal denied Barlow an appeal in March last year.
• July 2009 — The Privy Council in London ruled against Barlow’s appeal.
• Thursday Jul 9, 2009 — Reports recorded that Barlow lost his final bid to have his convictions overturned after the Privy Council ruled against his appeal.
• Friday Apr 3, 2009 — Reports recorded a parole-related decision and the reasons given by the Parole Board.
• November (parole hearing, year not stated) — A parole hearing was adjourned to allow for further psychological testing.

Background

John Barlow was the main suspect in the murders of Eugene Thomas and Gene Thomas, father and son, who were financial dealers. Barlow was known to have a large loan with the Thomases' business and was in financial hardship. Barlow was described as a former antiques dealer in relation to his legal appeals. Barlow told police that Americans who had firearms for protection hardly ever used them and "hardly anyone was ever shot". He admitted lending weapons to others "for their protection", and classed that breach of the law as on the same level as speeding.

The offence

Eugene and Gene Thomas were found shot to death in their offices at the Invincible Building on The Terrace in Wellington.

Investigation

A diary on Eugene Thomas's desk had a page torn out for the day of the murders. A documents expert established that the missing page recorded an appointment with Barlow at 5.30pm. At the first and second trial the defence pointed to lack of motive despite evidence that Barlow had a large loan with the Thomases' business and was in financial hardship. Because the .32 barrel was never found, it was not conclusively established that Barlow's pistol was the murder weapon. The defence provided expert testimony that the bullets found in the bodies could not have been fired from the pistol. At the third trial, new prosecution evidence negated the defence contention that the bullets could not have been fired from the pistol. The new study and testimony said the CZ27 pistol could have fired the fatal shots and the bullets found at the tip were the same type as the bullets in the bodies. This evidence was strongly contested by the defence.

Arrest

Barlow was seen leaving the building around the time the murders occurred. Before his arrest, Barlow contacted the media to publicize his claims of innocence. He said he had seen the bodies and left immediately, telling no-one for fear of being blamed.

Trial

First trial (hung jury)

In 1995, the first trial began. Both trials ended in hung juries, and the first trial ended in a hung jury. Barlow gave different accounts of what he had seen and heard on the day of the murders. In one account, he said Gene Thomas asked him to return later and he left. In the second account, he said he heard a gunshot when he was leaving and on his way home, decided to come back and investigate. In that second account, he said he found Gene and Eugene dead and left the crime scene. Evidence was introduced that Barlow had told a friend he had found the bodies when he turned up for the meeting. In that evidence, he said he had earlier lent Eugene Thomas the pistol and found it lying next to him. The defence did not accept that the .32 barrel requirement could be conclusively satisfied, and the defence continued to argue lack of motive.

Second trial (hung jury)

A second trial occurred in 1995. The second trial ended in a hung jury.

Third trial (guilty on both murders)

A third trial took place in October 1995. New evidence from the prosecution was introduced. John Barlow was found guilty of both murders.

Sentencing

Barlow was serving mandatory life with no parole until he had served at least 14 years. Sentencing was recorded as life in prison (minimum 14 years) in 1995. Reports stated he was jailed for the murder of Wellington father and son Eugene and Gene Thomas in 1994. He was described as spending 14 years in Rimutaka prison, Upper Hutt.

Appeals

The Court of Appeal upheld the verdict and felt confident in the third jury's decision. Barlow appealed to the Privy Council in London. A Privy Council decision was recorded as rejecting Barlow’s appeal in July 2009. The judgment included the passage: "The board accordingly concludes ... that, while the introduction of the misleading evidence ... was indeed a miscarriage, no substantial miscarriage of justice actually occurred,". A quoted statement attributed to the five law lords included: "The board accordingly concludes ...

Greg King, identified as Barlow’s lawyer, appealed to the council in February to have the murder convictions quashed. Mr King rubbished FBI forensic evidence that led a jury to send Barlow to prison. Mr King told the law lords that crucial evidence relating to the weapon and bullets that killed the Thomases had been falsely linked to Barlow. Mr King said evidence given by FBI agent Charles Peters had been flawed and had unduly influenced the jury at Barlow's third trial, after the juries at the two previous trials had failed to reach a verdict. The tests were described as having since been discredited worldwide for providing a high number of false matches. Mr King said he would comment after reading the full ruling.

Outcome

John Barlow was found guilty of both murders and his convictions were upheld on appeal. His final bid to have his convictions overturned was lost after the Privy Council in London ruled against his appeal in July 2009.

Aftermath

Reports stated the Parole Board refused to release Barlow after a psychological assessment described the 63-year-old as a controlling figure. The board said his comments about the importance of firearms were "breathtaking" and "of considerable concern". The assessment by psychologist Dr Nick Wilson said Barlow had been well-behaved in prison and was at a low risk of re-offending. The board concluded Barlow had a sense of entitlement with regard to protecting himself and could exercise this entitlement in "easily imagined circumstances." The board acknowledged "outstanding" support of Angela Barlow, who visited him in prison once a week for more than 14 years. The board described Angela Barlow as "uncritical" of her husband and said it was not convinced she would speak up if difficulties arose after his release. The board described Barlow’s personality as including a "superficial elitist interpersonal style that is usually characterised by an internal strong focus and entitlement beliefs." The board said: "Given his intelligence and quite dominant personality, there would seem to us to be no real chance of anyone within his close vicinity alerting the appropriate authorities if an unsafe situation were to arise following release." Angela Barlow told the Herald she was "shocked and devastated" by the board's decision. Angela Barlow said: "The political climate has made it very difficult for him. Right now people are hard on bail, hard on parole. They are letting the wrong people out, and keeping in someone who deserves to be out." She rejected the board's descriptions of his interest in guns and manipulative personality, saying: "It is absolutely made up. He had guns but that was just because he collected everything. The comments about his attitude - I have been married to him for 39 years and he is not like that to me. It offends me." The Parole Board took into account strong opposition from the victims' families to Barlow's release. Letters from the families said his double killing continued to cause deep distress and damage. The board supported reintegrative leave for Barlow, and said: "Release to work and graduated home leaves will be appropriate in a safe planned way at this time." The board stated Barlow was drug-free, kept himself busy in prison, and was well-behaved. Reports stated Barlow denies killing the Thomases and was awaiting a decision from the Privy Council in London on an appeal lodged in February. A parole hearing in November was adjourned to allow for further psychological testing. Barlow's bail was revoked because two firearms were found hidden in his house despite him being required to surrender firearms. The firearms were hidden in the insulation in the ceiling and inside a grandfather clock. Barlow was described as using "florid and extravagant language" in referring to having had two guns for protection against people who might be threatening to him.

Other details

Evidence for the murder weapon and ammunition included Barlow's CZ27 pistol, silencer and .32 ammunition. The pistol had been recovered from the Happy Valley rubbish tip after police had found a receipt in Barlow's belongings for the tip dated one day after the murders. The pistol had a .22 calibre barrel, while the Thomases had been shot with a .32 barrel. It was established that the pistol was designed to take a .32 barrel, but this was not found. At the first and second trial, the key defence argument included that bullets found in the bodies could not have been fired from the pistol. At the third trial, the prosecution introduced evidence that the CZ27 pistol could have fired the fatal shots and that bullets found at the tip matched the type of bullets in the bodies. The evidence of the weapon and bullets that killed the Thomases was described as central to the Crown case in all three trials. The Crown case in all three trials hinged on proving that Barlow's CZ27 pistol and related bullets and a silencer were the murder weapon.