New Lynn homicide: Murder charge dropped against one of four co-defendants

Crown prosecutors have dropped a murder charge against one of four people initially accused of gunning down a father of two in a West Auckland driveway last year.

Andrew Douglas was arrested with Adam Malaki North and a woman who continues to have name suppression five days after the November 5 fatal shooting of New Lynn resident Robert "Robbie" James Hart, 40. They were each initially put into isolation while in custody because it was discovered after Hart's death that he had been positive for Covid-19.

A fourth suspect, Dylan James Mitchell Harris, was arrested in Rotorua a few days later.

Prosecutors filed a withdrawal of charge for Douglas, which Justice Timothy Brewer approved on Wednesday.

Justice Brewer also noted that name suppression has now lapsed for North.

At their first High Court hearing in December, all four appeared via audio-video feed before Justice Sally Fitzgerald and pleaded not guilty through their lawyers.

Robert Hart, 40, was allegedly shot and killed on a driveway in New Lynn. Photo / Michael Craig

A hearing has been set for February to decide if name suppression will remain in place for the female co-defendant.

A three-week trial for all four co-defendants has been scheduled to begin in April 2023.

New Lynn homicide victim Robert James Hart, 40, was father to two sons. Photo / Supplied

Hart was described by friends after his death as a loving father, a talented musician and "one of a kind" who was "full of life".

"Robert was senselessly killed," Detective Inspector Kevin McNaughton said shortly after his death. "He is survived by his two young children who will now grow up without their father in their lives."