Gundry's prior convictions spark anger

Alan Gundry said he acted in self defence. Photo / Greg Bowker

The man acquitted of murder after shooting his friend point-blank with a pig gun had 28 previous convictions that were not revealed to the jury.

Alan Gundry told the court that his drunk and violent friend, Orewa concrete-layer Gene Atkins, pursued his girlfriend to his house, where he attacked two people.

Gundry, 30, went to the garage and loaded his hunting rifle with six rounds. He shot his friend twice in self defence, he said.

But Atkins' family, while acknowledging their son was out of line, say everyone at the party had been drinking that night. They are demanding a formal review of the trial: they say the jury should have been told of Gundry's lengthy criminal record.

The Herald on Sunday has learned the details of that record, which includes numerous cannabis, alcohol and driving offences.

It also includes disorderly behaviour, theft, burglary and unlawfully taking a motor vehicle, as well as three breaches of a periodic detention sentence.

Atkins' stepfather, Ross Tebbs, was nervous that publicity of the convictions might jeopardise any retrial - but legal experts say there is no chance of a retrial without new evidence.

"They were all into drugs," Tebbs said last week. "Gundry with his 25-plus convictions meant that he would never ever have got a gun licence."

Thursday would have been Atkins' 29th birthday. Mother Libby visited his grave and laid 29 roses on it.

"It's taken a huge toll on Libby and she's totally devastated," Ross Tebbs said this week.

He accompanied her to the cemetery. "She feels let down... He was actually a good kid."

Gundry should have been convicted of murder, he said, but failing that, manslaughter. "He didn't need to shoot the gun twice. He should have called the police," Tebbs said.

Graeme Newell was Gundry's defence lawyer. He said that if the past convictions had been relevant, the prosecution would have applied to have them placed before the jury.

He said Atkins had cannabis in his system, but he did not know if anyone else at the party did.

"The propensity of evidence would need to show in the circumstances that he [Gundry] tended towards violence. Now, there was no evidence and none of his history suggested he was a violent person." He would not comment on whether Gundry had a gun licence.

"The Crown's case said Gundry was a 'peacemaker'. You can't say he is a peacemaker and a violent guy."

Bill Hodge, associate professor of law at the University of Auckland, said past convictions were not revealed in case they prejudiced a trial. "The danger is that the jury will decide the case on the previous record," he said.

- HERALD ON SUNDAY, ADDITIONAL REPORTING: Anna Rushworth