Gundry not guilty of murdering friend at party

A photographer is set upon by an angry Gene Atkins supporter after Alan Gundry was found not guilty of his murder. Photo / NZPA

A jury has found Alan Gundry not guilty of murder or manslaughter in the shooting of friend Gene Atkins at his Orewa home on January 12.

Mr Gundry, 30, claimed he fired two shots at Mr Atkins in self-defence after the 28-year-old attacked him.

Mr Atkins had been searching for his partner Sarah Jane Dean, who he had been fighting with that evening.

Defence lawyer Graeme Newell said five people had been on the receiving end of Mr Atkins' aggression in a short space of time after a dinner party went badly wrong.

He said Mr Atkins had been drinking heavily and that Mr Gundry feared for his life and took action in a "moment of crisis".

The lawyer said Gundry was legally entitled to defend himself and others and a verdict of not guilty to the murder charge was right for that reason.

But Crown prosecutor Kevin Glubb said Mr Atkins had no chance to respond to the threat of Gundry's gun.

"He wouldn't even have seen the gun, down by [Gundry's] side, in the foyer ... No opportunity to assess the situation, to back down at all. It's just "bang bang", and lights out," Mr Glubb told the jury.

The Crown rejected Gundry's evidence that he feared for his life and did not believe he was provoked to an extent he was incapable of knowing what he was doing.