Not guilty verdict in dinner party murder trial
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BREAKING NEWS:
A man who shot his friend dead at a dinner party has been found not guilty of murder or manslaughter.
Sobbing and screaming was heard in theHigh Court at Aucklandwhen the jury found Alan Christopher Paul Gundry, 30,not guilty of the murder or manslaughter of Gene Patrick Atkins, 28.
Earlier, the jury heardthat Gundry,terrified for his young family, had only seconds to decide whether to shoot his friend with a pig-hunting rifle.
The jury had acceptedGundry’s defence that he killed Atkins in self-defence.
Both men had been friends for years and had spent January 12 this year eating and drinking at Gundry’s home.
Atkinshad goneberserk atGundry’s home after a fight with his girlfriend, Sarah Jane Dean, the court heard. They had gone home and he had thrown her belongings out of his house.
But during the evening Mr Atkins had become upset with his girlfriend.
Gundry’s lawyer, Graeme Newell, told the High Court at Auckland his client had been forced to shoot Mr Atkins in an act of self-defence. She then fled to Gundry’s, and Mr Atkins followed, intending to confront her.
One partygoer had been left semi-conscious in a pool of blood after being assaulted by Mr Atkins, while Gundry’s partner, Nicole MacDonald, was held over the top of a set of stairs.
Mr Newell said five people, including Gundry’s partner, had been attacked in the accused’s house that night, all in a short space of time.
“Should a person who has been attacked or seen others attacked wait until they too are the victim of a serious assault?
“If he wasn’t acting defensively, why would he let off two rounds in his own home when his nine-month-old, his five-year-old and his partner were upstairs?
“He didn’t want to do that, he didn’t want to fire shots into his own house.
Gundry was confronted by a dire threat and had to take “instant and decisive” action to protect himself and his family, Mr Newell said.
The court was told Mr Atkins had a history of violence, including several assaults on his girlfriend and a road-rage incident.”
Gundry was a peaceful man with no history of violence and no reason to kill his friend, Mr Newell said. The charge came after Mr Atkins allegedly glassed a man in the face at an Auckland nightclub.
Mr Newell told the court that at the time of his death Mr Atkins had also been awaiting trial on a charge of grievous bodily harm.
But Crown prosecutor Kevin Glubb said Gundry’s decision to shoot Mr Atkins was unacceptable and completely excessive. The injuries were so severe the man lost sight in one eye.
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