Fair trial over shooting not possible, says judge

Kawakawa farmer Paul McIntyre could not have received a fair trial over a shooting at his farm, says a judge.

Mr McIntyre faced an Arms Act charge after he fired a shotgun when he caught three intruders trying to steal his farmbike.

Judge Michael Lance has produced a written decision giving reasons he directed a Kaikohe District Court jury last month to find the 48-year-old farmer not guilty of the charge without a trial.

He said it would be "a nightmare" for a judge to get around the requirement to tell a jury of Mr McIntyre's innocence of an associated Crimes Act charge.

"For these reasons ... I find it would be unfair to admit the Crown evidence and a fair trial on the Arms Act charge is not possible. I rule the evidence inadmissible in toto [whole]," Judge Lance said.

Mr McIntyre faced two charges after he shot at the rear tyre of a vehicle leaving his farm late at night in October 2002, when he surprised three men trying to load his quadbike onto their small truck.

The shot seriously injured Moerewa farm worker Sam Hati, who was in the truck with two other men, Raymond and Ned Brown.

Mr Hati, who needed surgery at Auckland Hospital, and the Brown brothers admitted their part in the attempted theft and received varying sentences.

Mr McIntyre was charged under the Crimes Act with shooting and injuring Mr Hati with reckless disregard for the safety of others.

He denied the charge and after a five-day jury trial in the Kaikohe Court last October, he was acquitted.

But the same jury could not agree on a verdict for a second - lesser - charge, laid under the Arms Act, that Mr McIntyre had discharged his shotgun without reasonable cause in a manner likely to endanger the safety of others.

He faced a retrial on this charge before Judge Lance.

In his decision, the judge said the Crown intended to bring the same evidence as it had at the first trial.

In terms of law and practical result, the Arms Act charge was simply a less serious form of the Crimes Act charge.

To require Mr McIntyre to stand trial on the Arms Act charge would amount to double jeopardy, said Judge Lance.

He noted that Mr McIntyre had lived with the prosecution "hanging over his head" for about 2 1/2 years - a long delay for a relatively straightforward trial.

"It should not be overlooked [that] this incident arose simply because three men invaded Mr McIntyre's property at night, when he was alone, for the admitted purpose of stealing his property," the judge said.

Paul McIntyre said yesterday that he still faced a $70,000 bill for legal costs. He would meet Federated Farmers representatives today to find out how much had been collected in appeals on his behalf.