KEY POINTS:
A frightened farmer who shot dead a gang associate when threatened on a remote Eastern Bay of Plenty property has been cleared of murder and manslaughter.
David Allen, 45, said he was acting in self defence when he fired once at Muni Rangi Sam Collier - known as
"Boxer" - following a confrontation over a disputed debt.
After deliberating for five hours, the jury of seven men and five women in the High Court at Hamilton accepted his defence, also ruling out manslaughter.
Mr Allen managed an isolated 607 hectare forest and cattle farm in the Takaputahi Valley, off Motu Road about 40km southeast of Opotiki, for the overseas owner.
Described by neighbours as a hard worker, he lived alone in a woolshed.
The house he was to occupy burned down the night before he was due to move in. The cause of the fire is unknown.
During the trial it was revealed that two weeks before the fatal shooting, Mr Allen had been brutally beaten with a fence post by two men who arrived on horseback demanding money.
Mr Allen, who suffered extensive head and facial injuries, spent several days in Whakatane Hospital.
After that, he put locks on the woolshed and told his boss he just wanted to go back to work.
The court heard that Mr Collier, 35, left his Opotiki home at 2.35am on September 15, 2007, to find Mr Allen, who allegedly owed Mr Collier's gang of workers money for tree pruning.
Evidence was given that he had traces of methamphetamine and cannabis in his bloodstream when he died.
Mr Collier arrived shortly after 7am demanding $1000.
When the money was not forthcoming and he was locked out of the woolshed, the intruder threatened to kill Mr Allen, the accused later told a police interviewer.
Mr Allen also said Mr Collier was a Mongrel Mob associate and that gang members frequently used stand-over tactics to intimidate farmers in the area.
Unable to escape because his vehicle was not driveable, Mr Allen got his rifle, loaded it and watched from the landing as the visitor got into his car.
The accused shot the other man from 3.5 metres away when he saw him lean over for what could have been a weapon.
The 303 gauge bullet penetrated Mr Collier's upper right arm, went through the chest and out the side, fatally injuring his heart and lungs.
Mr Allen then rang 111, saying he was the victim of a home invasion and had shot and killed a man in self defence.
He told police in a videotaped interview that he did not know if Mr Collier had a gun and was not prepared to take the risk.
"Look what happened last time. Was I meant to stand there and let it happen again?"
Police found no weapons at the scene which could be linked to the dead man, the court heard.
Crown prosecutor Rob Ronayne submitted that Mr Allen intended to murder Mr Collier when he shot him in the upper body.
His actions were deliberate, calculated and vengeful. They were motivated by anger and by hatred of Mr Collier's race and perceived gang connections.
Defence counsel Paul Mabey QC said there was no dispute that Mr Allen had killed the man, but it was in self defence.
After Mr Allen walked free from court with his delighted mother, Mr Mabey said his client wanted some time with family members to enjoy his freedom after a lengthy time in custody.
Mr Allen would not be returning to Takaputahi, where he had managed the isolated forestry block for 18 months.
"He knows he cannot go back to the valley. He doesn't want to. He just wants to get another job and get on with his life peacefully," the lawyer said.
"Mr Allen has committed no offence. In this case, a jury has accepted that the killing was in self defence."
Mr Mabey added: "People are entitled to the security of their own homes and they are entitled to defend themselves against attack."
- NZPA
