Jury chosen in Abbott case

12.15pm

A jury of eight men and four women will decide if Police Constable Keith Abbott is guilty or innocent of the murder or manslaughter of Waitara man Steven Wallace.

The jury was sworn in this morning before Justice Chambers in the High Court at Wellington.

Abbott is facing a private murder prosecution, laid by the family of Mr Wallace, who Abbott shot dead in Waitara on April 30, 2000.

Abbott shot Mr Wallace while on duty for Waitara police, after Mr Wallace was found smashing windows along the town's McLean St using a golf club and baseball bat.

Prosecutor James Wallace is represented by John Rowan QC, Michael Behrens QC, and Debbie Goodlet, while Abbott is defended by Susan Hughes and Patrick Mooney.

The Wallace family laid the prosecution after a police investigation ruled Abbott had acted lawfully and in self defence when he shot Steven Wallace.

Before the jury was selected this morning, Justice Chambers held discussions in chambers with counsel about issues surrounding the proceedings.

After declaring his not guilty plea to the two charges, Abbott, wearing standard issue police uniform and flanked by a prison officer, was seated in the dock.

When court proceedings began he moved to the back of the court, seated at a table with a prison officer and a personal security officer.

Justice Chambers issued the jury with some instructions, including the kind of case they were hearing.

"This is a private prosecution, not a crown prosecution, but there is no significance in that for you (the jury). You should approach this in just the same way as if the crown had have brought these charges."

He also ordered the jury to ignore people outside the court "who appear to have a particular view about this case".

This morning, there was a group of protesters outside the court.

Justice Chambers told the jury that if they were approached by any of the protesters they should immediately tell a court official.

He outlined to the jury the charge of murder and an alternative charge of manslaughter.

He also distributed notes on the relevant sections in the Crimes Act that would be discussed during the trial.

He said the main issue in the case would be whether Abbott, when he shot Mr Wallace -- which is not in dispute -- was acting in self defence.

- NZPA