Former Calan head jailed for shotgun attack

Martin Victor Lyttelton – the former head of Calan Healthcare - was sentenced to almost six years jail today for the shotgun and knife attack on his ex-business partner and his wife at their North Shore home in 2008.

During the home invasion, Lyttelton shot Colleen Fenton in the left thigh as she tried to barricade an office door, causing life-threatening damage to her femoral artery.

Lyttelton – also armed with a knife - then struggled with Richard Ord, repeatedly shouting that Mr Ord had ruined his life, before he was subdued.

Lyttelton, 52, appeared in the High Court in Auckland today for sentencing, after pleading guilty to charges of attempted murder, aggravated robbery and causing grievous bodily harm.

He pleaded not guilty to the charges, but changed his plea in November after he was found psychologically fit to stand trial.

But Justice Edwin Wylie found that while his mental state was not a complete defence, it was a mitigating factor in determining the jail sentence.

He sentenced Lyttelton to five years and 11 months on the attempted murder charge, three years for the aggravated burglary and four years six months for causing grievous bodily harm, with the terms to be served concurrently.

Justice Wylie did not impose a minimum term of imprisonment on Lyttelton, who has been remanded in custody for the two years since the attack.

The court heard how Lyttelton attempted to commit suicide two days before the shotgun attack, with the pills he had used in the attempt still in his system when he entered Mr Ord’s home.

Lyttelton purchased the shotgun, two boxes of ammunition and a skinning knife on the day he attempted suicide.

He was carrying the knife, the shotgun and six rounds of ammo when he went to Mr Ord and Ms Fenton’s house, entering through the garage.

He was seen coming up an interior staircase by the couple, who barricaded themselves inside their home office. Lyttelton then fired through the door, hitting Ms Fenton in the leg and causing severe trauma.

The shotgun was discarded during the ensuing struggle between Lyttelton and Mr Ord, during which Lyttelton tried repeatedly to stab Mr Ord, inflicting defensive wounds to his hands.

Crown prosecutor Kevin Glubb said it was fortunate that after the “prolonged and persistent” attack, the arriving police officers were skilled in first aid as Ms Fenton’s wound was serious enough for doctors to consider amputation when she was taken to hospital.

“The wound will remain with her for her life and she is not yet free of the surgical correction required for that injury.”

Defence lawyer Paul Davison argued there was little premeditation in Lyttelton’s attack, as he was still considering killing himself on the morning it occurred, before making the decision to go to Mr Ord’s house.

Mr Davison also read out excerpts from an apology written by Lyttelton in December 2008, during which he said he was sorry for the “unbelievable ordeal” he had put the couple through.

Lyttelton was the co-founder of the Calan group of healthcare-related companies, serving as managing director of Calan healthcare until 2003.

A business relationship with Mr Ord, which started in the early 1990s, soured in 2000, leading to acrimonious and protracted litigation.

By 2007, more issues over who was entitled to part of the proceeds from the 2006 sale of shares in Calan Healthcare Properties and Australian Properties to ING Property Trust Management lead to a further round of hearings.

The case was quickly resolved shortly after the attack.