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Auckland, Oct 21 NZPA - An Auckland man who fired two shots, killing a friend who had become increasingly violent at his home, has been found not guilty of his murder and his manslaughter.
Alan Gundry, 30, shot Gene Atkins, 28, at his home in Orewa on January 12. Mr Atkins was looking for his partner Sarah Jane Dean, whom he had been fighting earlier that night.
Mr Atkins had been drinking heavily and the High Court at Auckland was told that five people had witnessed his aggresssion at a dinner party that evening which had gone badly wrong.
Gundry pleaded not guilty to murder, saying the shots were fired in self-defence.
Defence lawyer Graeme Newell had told the court Gundry feared for his life and took action in a "moment of crisis".
Mr Newell said Gundry was legally entitled to defend himself and others and self-defence was a complete defence to murder.
Prosecutor Kevin Glubb said Mr Atkins had no time to respond to the threat of Gundry's gun.
The Crown rejected Gundry's evidence that he feared for his life and did not believe he was provoked to an extent he was incapable of knowing what he was doing.
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