Murder accused 'horrified' by his actions, court told

Anitilea Chan Kee was horrified by his behaviour, his lawyer said. Photo / Brett Phibbs

The man who shot liquor store owner Navtej Singh during an armed robbery will live with the "terrible consequences" of what he did for the rest of his life, his lawyer told a High Court jury today.

Anitilea Chan Kee, 22, made a "full and frank" confession to police, pleaded guilty to armed robbery and accepted his unlawful actions caused Mr Singh's death, Chan Kee's lawyer Jonathan Down.

The 30 year-old died in hospital on June 8, 2008, the day after the shooting.

Chan Kee is charged alongside five others, Myron Robert Felise, 22, Jason Naseri, 21, Tino Faamele Felise, 19, Eti Filoa, 25, and Walter McCarthy, for the murder.

In his closing address at the High Court at Auckland, Mr Down said it was up to prosecutors to prove in law that Chan Kee was guilty of murder and not manslaughter.

It was clear his unlawful actions caused Mr Singh's death, but the Crown had to prove murderous intent by proving he actually appreciated he might cause his death when he pulled the trigger.

He said there was insufficient evidence to prove that.

"You might have the almost irresistible urge to say at least he - the man with the gun - is guilty of murder."

To act fairly to Chan Kee, the jury was told they must push aside feelings of prejudice and look at the evidence logically and without emotion.

Chan Kee was ashamed and remorseful for his actions.

"I can confirm he is horrified by his behaviour and the terrible consequences of his actions. Whatever decisions you make he will live with the memory of what he did for the rest of his life."

Evidence given at trial - and disputed by the defence - of a practice shot being fired before the robbery and of an alleged comment by Chan Kee that he meant to aim at Mr Singh's head, were "systematic' of a general plan to off load all of those things into Anitilea Chan Kee.

Mr Down said a Crown description of Chan Kee calmly lining Mr Singh up and shooting him was infered from images from a security camera because there was no evidence that could have led to that conclusion.

He described the robbery as "loose, ad-hoc last minute with no leadership" and that Chan Kee only took the gun as a visible deterrent.

The court heard he didn't believe it was loaded and did not intend to pull the trigger.

"He didn't anticipate causing serious injury or death...In the heat of the moment, under stress, he may not have felt the pressure on the trigger."

If the jury concluded it was possible the shooting may have been accidental, Chan Kee was not guilty of murder because he didn't have any of the intent, either to kill or injure with knowledge death was likely, then he had to be found not guilty of murder "however awful reprehensible his actions might have been."

The court was also told murder accused Myron Felise agreed to be part of an aggravated robbery with a "belly full of alcohol" but not to an armed robbery with a loaded firearm or to murder.

On behalf of Felise, lawyer Ron Mansfield told the jury what Felise agreed to be part of that night was "terrible".

"He agreed to take part of the theft of a bottle store by a group of three people who would run in and grab the alcohol and run out. A snatch and grab. That's what he agreed to, with a belly of alcohol, to do. He didn't agree to an armed robbery...to a firearm being taken, he didn't agree to someone being hurt or injured, even in a minor way. It didn't even enter his contemplation."

Mr Mansfield: "We all know good people can do terrible things [and ] fuelled by alcohol it's more likely we don't think of the consequences of what we might do."

Felise, who has pleaded guilty to aggravated robbery, was angry with Anitilea Chan Kee's actions and the death of an innocent member of the community.

Mr Mansfield said Felise went to the party before the robbery in his slippers so had no prior knowledge before he got there of what might go on.

"He was caught up with something way, way beyond his wildest contemplation. It was a terrible thing he's done - but it's not murder in a long shot."

Lawyers for other accused will give their closing addresses the rest of today and tomorrow.