Self defence claims at murder trial

The men charged with the murder of Timothy John Constable in Christchurch say they acted in self-defence against a man armed with a pistol in the melee in which the 24-year-old was beaten and stabbed to death.

Lawyers made opening statements on the first day of the Christchurch High Court trial where three men are charged with Mr Constable's murder and two women are charged with assaulting him.

The crown acknowledged that Mr Constable turned up with a gun that night in August last year, but said it was an imitation and two of those present knew that.

Counsel for 21-year-old Adam Robert Gempton, Rupert Glover, said Gempton admitted he had the knife and used it on Mr Constable.

He said he was in the bedroom of the house with his toddler daughter after everyone else had gone out to confront Mr Constable.

He heard gunshots, and saw Mr Constable attack Gempton's partner, Shaharna Hickey, and Shahana Coombs.

He said he rushed at Mr Constable when he saw he had a gun pointed at Shaharna Hickey, who was on the ground. Mr Constable was stomping on her head.

The stabbing was an accident, Gempton did not mean to use the knife, Mr Glover said.

Gempton had no murderous intent, he just wanted to stop Mr Constable. He was using a knife against a gun, and genuinely trying to rescue the two women.

Nick Rout, counsel for Steven Wayne Bright, 26, said his client also had a child in the house.

Mr Rout said Mr Constable was dangerous and had come to the house after it had been made it clear he wasn't welcome.

He had a gun which he was holding at head height, and he was threatening the accused and their families.

Mr Rout said Bright was protecting himself and his loved ones.

He said they all feared Mr Constable, and he had made threats on the phone to all of them.

Mr Rout said his partner, Shahana Coombs, was unconscious on the ground.

He was attacked by Mr Constable, and chased Mr Constable's father down the street. When he turned around Mr Constable was lying in the gutter dying, but he didn't know how he had been hurt. He tried CPR on him but was unsuccessful, Mr Rout said.

Tony Greig said Levi Coombs, 18, tried to persuade Mr Constable to leave his family alone. He knew he could be violent and he carried weapons. He struck Mr Constable once in the stomach with his patu (club), and when that didn't stop him he hit the car windows with it. His sister was knocked out, his mother was hurt, and Mr Constable was still attacking people so he hit him on the head and fractured his skull. He was trying to defend himself, and his family, from death or serious harm, Mr Greig said.

Trudi Aickin said Shahana Coombs, 21, had no memory of the night. She was knocked unconscious early on.

Shahana Coombs was wholly driven by the desire to protect her younger sister from serious harm, Ms Aickin said.

Shaharna Hickey, 23, assaulted Mr Constable that evening in self defence and the defence of Shahana Coombs, Margaret Sewell told the court.

She had known Mr Constable for a number of years, and knew of his violence.

The trial is expected to take four weeks.

- NZPA