Murder accused 'under stress'

Murder accused Anitilea Chan Kee may have shot liquor store owner Navtej Singh because, under stress, he didn't feel the pressure on the trigger, a court heard.

Chan Kee's lawyer asked a High Court at Auckland jury to find Chan Kee not guilty of murder, telling them he was horrified that he'd killed Mr Singh.

In his closing address, lawyer Jonathan Down said Chan Kee would live with the terrible consequences of what he did for the rest of his life. Chan Kee, 22, accepted his "unlawful" actions caused the death of Mr Singh but prosecutors would have to prove beyond reasonable doubt he meant to kill him.

Mr Singh was shot once in the abdomen on June 7, 2008, when Chan Kee, Myron Felise, 22 and Jason Naseri, 21, burst into his Manurewa liquor store. He died in hospital the next day.

Chan Kee, Felise and Naseri are on trial with Tino Faamele Felise, 19, Eti Filoa, 25, and Walter McCarthy, 19, for Mr Singh's murder.

Mr Down said Chan Kee was ashamed and remorseful for his actions.

Chan Kee said he didn't know the gun he was holding was loaded and never meant to fire it.

"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 or reprehensible his actions might have been".

Lawyer Ron Mansfield, on behalf of Myron Felise, said he agreed to be part of an aggravated robbery but not an armed robbery or murder.

"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, with a belly of alcohol, to do.

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."

He 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."

Jason Naseri did not cause the death of Mr Singh, his lawyer Graeme Newell said.

"It doesn't automatically follow if you're at a party ... And then a robbery that you're guilty if someone dies."

To be found guilty, the jury had to be satisfied that he knew it was a possible consequence that one of the three who went into the store would cause serious harm to the liquor store owner.