Acquitted man tells of sorrow for victim's family

Angry supporters of Gene Atkins set upon photographers after Alan Gundry was found not guilty of his murder. Photos / NZPA

Alan Gundry says he was just protecting his family and never wanted his mate Gene Atkins to die.

The two men were drinking beer at a dinner party at Mr Gundry's Orewa home on January 12 when Mr Atkins and his partner Sarah Jane Dean began arguing.

But that night, tempers flared and 28 year-old Mr Atkins and Ms Dean argued violently.

The couple returned home, where the row turned violent. Ms Dean was forced to flee back to Mr Gundry's property where she took refuge in the bathroom.

But a furious Mr Atkins followed her, punching a dinner guest and storming through the house.

He confronted Mr Gundry's partner, Nicole MacDonald, on the stairs, demanding to know where Ms Dean could be found.

Mr Gundry - knowing how aggressive his friend could be - went to the garage and loaded his pig-hunting rifle with six rounds.

They two men met in the garage foyer, and Mr Gundry shot him twice.

The first round was not fatal, but the second shattered Mr Atkin's sternum, cut through his liver and lodged in his back.

He died on the concrete floor and 30 year-old Mr Gundry was arrested and charged with murder.

But after an eight-day trial at the High Court at Auckland, the jury rejected a manslaughter verdict by a margin of 11 to one.

The verdict was received with sobs from the Atkins family, and stunned silence from supporters of Mr Gundry.

Speaking to the Herald last night, Mr Gundry said he felt for the Atkins family and had prayed for them.

"I've always wanted them to know it was not malicious," he said. "I was defending my family from someone who just lost it."

As a parent he could understand Atkins' parents' pain.

"His mother brought him into this world ... If I lost one of my daughters I would be gutted."

Mr Gundry arrived at court holding a red Bible after saying goodbye to his family.

He did not know how the day would end or if he would be behind bars next time he saw them.

"I said I love you. It will be all right. Be strong, it's in God's hands."

Before he left home, his daughters, Ava, 6, and Amelia, 18 months, wrote him a letter saying: " To Daddy on your saddest day, we love you."

He wasn't given the letter until last night when he met emotional friends and family.

His children and partner were relieved he wasn't going to jail and the family was "happy to be together".

The first thing he did was wrap them up in "hugs and kisses".

But their relief was tinged with sadness for the Atkins family.

During the trial, Ms Dean gave evidence that Mr Gundry was the only person who could calm Mr Atkins down when he was aggressive.

Said Mr Gundry: "He was my mate and I lost him."

He had endured a "horrible" year. "It's been one hard slog of a year. I've been taking sleeping pills to sleep and sometimes wake up sweating."

He couldn't function at work, was anxious, and suspected he was suffering from post-traumatic stress.

Ms MacDonald said the verdict was surreal and felt like a dream - a good dream.

"But there are no winners in this case. We want to show respect for the other family.

"There are no hard feelings, it was just a terrible event."

His father, Alan Gundry snr, said he felt sorry for the Atkins family.

"We do feel for them. It's not a nice situation, two boys who loved each other in a situation which went very bad, and we're not going to talk bad about their family."

Mr Gundry's lawyer, Graeme Newell, said clearly the jury decided it was self-defence.

Detective Sergeant Andrew Wong did not want to comment on the verdicts, but said the Atkins family were upset

Some of them clashed with media outside court after the verdict was given.

* Winners and losers of the self-defence defence:

August 2009: Patrick Allan Daken fatally stabs younger brother Kelly during a fight at the family home. His lawyer argued Daken felt his life was being threatened by Kelly.
Verdict: guilty of murder

February 2009: frightened farmer David Allen, 45, shot dead gang associate Muni Rangi Sam Collier after he was threatened on a remote Eastern Bay of Plenty property. Allen claimed self defence.
Verdict: not guilty

December 2007: Joseph Russell Rewiri, aka Jody Rutledge, 39, admits shooting Peter John Franklyn, but claims self defence and provocation after Mr Franklyn lost all self-control.
Verdict: guilty of murder