The jurors who must decide if David James Gates was insane when he killed his former flatmate Gavin Dash have retired to consider their verdict.
In the High Court at Wellington today, Justice Paul Neazor summed up the five-week trial.
Gates, who is 27, has pleaded not guilty to charges of having
murdered Mr Dash at a Karori house on September 27, 1999, and burgling Mr Dash's new flat.
He formally admitted strangling Mr Dash, decapitating him later and leaving his remains in thick bush at Makara Hill.
He defended the charges on the grounds he was legally insane at the time of the offences.
Justice Neazor today told the 11 jurors (one was excused because of a family emergency) it was not question of whether Gates knew it was legally wrong to kill Mr Dash and burgle the flat.
He said the defence had to prove insanity was more probable than not. If the jury thought Gates probably was not insane, he was guilty of murder.
The jury retired at 12.30 pm.
