Family members of Wilson Apatu hugged each other and cried after he was found not guilty of murder in the High Court in Napier yesterday.
The jury returned just before 5pm, following just over six hours of deliberation, to return unanimous verdicts of not guilty for murder, manslaughter, wounding with intent to cause grievous bodily harm and aggravated burglary.
The two-week trial was centered around the shooting of Layden Thomas Rameka, 35, in the remote rail-side village of Waikoau, around 40km north of Napier on August 30 last year. Mr
Rameka's then 8-year-old son Zepplin was injured in the shooting, though in court it could not be determined if he had been hit by a bullet or a fragment of bone.
Following the verdicts the family of the deceased quietly exited the court room.
An earlier trial was aborted after three days this month when jurors were found to have been doing their own internet research into the case.
Mr Apatu's father, Ashley Apatu, told Hawke's Bay Today the family were ''saddened for all affected'' by the shooting, and added that the incident ''could have easily been avoided for the betterment of all, including those living in the Waikoau village''.
His 40-year-old son's mental health had improved dramatically in prison, and put it down to lack of alcohol, monitored medication and a strict routine, he said.
A focus of the trial was Mr Apatu's mental health and the effect constant torment from two Rameka children in the days prior to the shooting had on him. It was revealed Mr Apatu suffered from anxiety, had a social phobia, on two occasions spent time in mental hospitals, and prior to moving to Waikoau lived a solitary existence in a bush hut for more than six months. In the first week of the trial one of Rameka's children admitted they made a game of tormenting Mr Apatu, and knew of his mental illness, saying he had ''half a brain''.
On the day of the shooting Mr Apatu had approached Mr Rameka to discuss his children's behaviour, but had been king hit and kicked unconscious. He planned to seek sanctuary in the bush, but had made a snap decision on his way out of town to confront Mr Rameka.
Mr Apatu told the court on Monday he simply intended to frighten the family and planned to give a warning shot beside Mr Rameka's ear. However, Mr Rameka had grabbed the barrel of the gun and during a struggle four shots were let off. Three people in the room where Mr Rameka died spoke of the struggle, which was backed up by evidence from two ESR specialists who said the gun may have accidentally discharged.
However the not guilty verdicts did not mean Apatu walked free from the court. He earlier pleaded guilty to a charge of unlawfully taking a motor vehicle while fleeing the scene of the shooting and will be back in the dock again today to apply for bail.
That charge related to Apatu taking the ute of a Hastings couple after producing a knife.
Apatu family weep at not guilty verdict
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