Prasad murder: Fate of accused in jury's hands

Shivneel Kumar (left) and Bryne Permal flank a security guard in the High Court at Auckland.

The fate of two men accused of burning a 21-year-old supermarket worker to death for $30,000 will be in the hands of a jury this afternoon.

The jury has retired to consider its verdict.

Shivneel Kumar, 20, and Bryne Permal, 22, are on trial in the High Court at Auckland charged with the murder of Shalvin Prasad, whose smouldering body was found on a rural South Auckland road on the morning of January 31, 2013.

The court has heard from dozens of witnesses over the last three weeks and Justice Geoffrey Venning will sum up the case this morning before the jury retires to consider its verdict.

The Crown says on the night of January 30, after withdrawing his life savings at the request of Kumar, Mr Prasad met the two defendants and was driven around south Auckland.

Prosecutor Aaron Perkins said the victim was assaulted at an unknown location and bundled into the boot of Permal's mother's car, driven by Kumar.

The defendants then allegedly bought 15 litres of petrol, using the stolen life savings, before driving to McRobbie Rd in Kingseat, where they doused the victim in petrol and set him alight.

Medical witnesses gave evidence that Mr Prasad was alive when the fire was ignited but there was some contention over his consciousness.

The Crown said there was a possibility he was kneeling, sitting or standing when covered in the accelerant but defence lawyers said the evidence clearly pointed to him lying on his back in a state of "deep unconsciousness".

Kumar's defence counsel Ron Mansfield hit back at allegations yesterday during his closing and said Mr Prasad's death may have been accidental.

He said there was "a vacuum of evidence" to support the contention his client had intentionally killed the victim and the Crown lacked the requisite evidence to prove murderous intent.

"Not only is there no evidence of an unlawful act, there's certainly no evidence of what unlawful act caused Mr Prasad to be unconscious; let alone who did it, let alone where," he said.

He conceded the burning of the body was "reprehensible" but said Kumar thought his friend was dead at the time.

"A dishonest person doesn't make a murderer."

Mr Perkins argued the evidence suggested Mr Prasad's death was anything but accidental.

He highlighted the defendants' spending spree in the days after the death, during which they allegedly spent thousands of dollars of the victim's life savings on tattoos, clothes and jewellery.

Kumar also tried to change the number plate on his car and arrange a trip to South Africa, Mr Perkins said.