Man not guilty of murdering neighbour

A man has been acquitted of murdering a neighbour after an argument in a small rural settlement north of Napier last year.

Wilson Neil Apatu, 44, was found not guilty in the High Court at Napier of the murder of Layden Rameka, 35, at Waikoau, 40 kilometres north of Napier on August 30 2009, the attempted murder of Rameka's son eight-year-old son Zepplen and breaking and entering with intent to commit murder.

The charges arose after Apatu went into a house where Mr Rameka and his family were staying.

The court was told that Apatu aimed a rifle at Mr Rameka as he tried to shield his family in a small bedroom. Three shots were fired in quick succession, followed by a fourth.

Three of the shots struck Mr Rameka and a part of the projectile passed through his body and struck Zepplen on the arm.

The shooting followed an earlier incident when Mr Rameka had knocked Apatu to the ground during an argument over the behaviour of Mr Rameka's sons. Apatu returned a short time later with the rifle and after the fatal shooting, crashed his car speeding from the scene.

Apatu's trial was aborted after three days earlier this month when jurors were found to have been doing their own research into the case, including issues related to Apatu's mental condition at the time. It resumed last week with a new jury empanelled.

However the not guilty verdicts did not mean Apatu walked free from the high court today.

He had earlier pleaded guilty to a charge of unlawfully taking a motor vehicle after the shooting and will be back in the dock again tomorrow to be sentenced on that charge.

That charge related to Apatu being offered a lift by a Hastings couple in their ute after they came across him. The court was told Apatu then produced a knife and drove off in the vehicle.

Defence counsel Russell Fairbrother suggested the 12 months that Apatu had already spent in prison could be considered as his sentence for the charge his client had pleaded guilty to but crown prosecutor Russell Collins said the charge had already been reduced from aggravated robbery and the circumstances had been very close to justifying the more serious charge.

Judge Miller said the overall context of the offence had to be considered, including the fact that a knife was involved.

Mr Collins warned that in the "celebratory atmosphere" surrounding the not guilty verdicts, the rehabilitative work done in the past year while Apatu was in a structured environment could be undone in one night.

If Apatu were allowed out on bail, the Crown would seek a number of exacting conditions including a curfew and no alcohol, which could be difficult in the euphoria surrounding his acquittal today, he said.

The judge remanded Apatu in custody overnight and indicated he could be facing a prison term longer than the 12 months he had already served.

- NZPA