The jury in the trial of a Northlander accused of shooting to death a Tribesmen gang member will return on Monday to continue its deliberation.
At the conclusion of Justice Ailsa Duffy's summing up in the High court at Whangārei yesterday, the jury retired about 12.30pm but was sent home at 5pm after it did not reach a verdict.
Nicky Dodd is facing one charge of murder in relation to a shooting incident on Mower Rd, north of Whāngarei, in October 2016.
Dodd, 43, allegedly shot John Henry Harris while he was standing outside the Mower Rd property.
Harris was taken to the St John Ambulance station on Western Hills Drive in Whangarei in a critical condition by friends but died from the single gunshot wound.
In her summing up, Justice Duffy told the jury not to let their general prejudice against gangs interfere with their deliberation.
Prejudice against or sympathy for Dodd, Harris or anyone associated with the case should not influence the jury's verdict, she said.
Justice Duffy said the jury may disapprove of someone's attempt to take law into his own hands by responding to the actions of the Tribesmen gang rather than seeking police help.
However, she said it was not the role of the jury to hold people to account for their actions.
She was referring to Dodd's version of events that he fired a shot to scare off Tribesmen gang members gathered outside the Mower Rd property after they earlier let off two shots outside his brother Adam Dodd's house in Kensington
Justice Duffy said the jury must come to their verdict solely on evidence presented before the court that included what witnesses said during the trial as well as their written
statements, exhibits, and transcripts of Nicky Dodd's police interview.
The judge explained that if they found gaps in the evidence, they should not guess or speculate to fill in the gaps.