A police officer may be asked to give evidence again about the night he shot Waitara man Steven Wallace almost five years ago.
The High Court at Wellington was told on Tuesday that lawyers for Mr Wallace's family will seek to question police officers including Senior Constable Keith Abbott if
the coroner's inquiry into the shooting resumes.
Mr Abbott's lawyer Susan Hughes has applied to the High Court for a judicial review of the July 2003 coroner's decision to resume the inquest and the evidence to be heard.
Ms Hughes said a coroner's inquest should not be used to relitigate a case which had already been extensively examined.
Mr Abbott shot Mr Wallace in April 2000, and was acquitted of murder two years later after Mr Wallace's father filed a private prosecution.
A police investigation found Mr Abbott acted in self-defence.
Mr Wallace was found smashing windows in Waitara's town centre after a ruckus at the family home. He was shot while approaching Mr Abbott wielding a softball bat.
The coroner's inquiry was adjourned pending the outcome of the private prosecution, but in 2003 Coroner Gordon Matenga, of Hamilton, said it could resume.
He limited the inquiry to two issues - examining police policies when dealing with violent offenders in similar circumstances, and the provision of first aid, including the care given to Mr Wallace.
He said he would not hear evidence from witnesses who had been called at the High Court prosecution, as he could read their transcripts.
However, the lawyer for Mr Wallace's family, Ron Mansfield, has asked the coroner to hear evidence from expert witnesses, arguing facts including the circumstances of the shooting needed determining before recommendations could be made.
Ms Hughes said the only matter which remained unanswered was what "set off" Mr Wallace the night he died but she would not be asking any questions about that.
She said there was no basis for witnesses who had given evidence at the trial to be asked to give evidence at the inquest.
Justice Tony Randerson reserved his decision.
