Jury considering verdict over hunter's death

A jury retired today to consider whether Bernard Lee was careless when he shot his friend William Gillies dead while hunting deer.

Lee, 50, of Taupo, is charged with careless use of a firearm causing the death of Mr Gillies, 55, in the central North Island's Pureora Forest Park on April 2 last year.

In summing up after a two-day trial at Rotorua District Court, Judge Philip Cooper said it was tragic case.

"Mr Gillies has been lost and Mr Lee has lost a good friend," he said.

But the judge said the Crown must prove the charge that Lee carelessly killed Mr Gillies for the jury to return a guilty verdict.

If the jury accepted Lee was careless by not identifying his target, they must convict, but any element of doubt should bring a not guilty verdict.

There was no dispute Lee's shot killed Mr Gillies, Judge Cooper said.

But if the jury accepted the defence argument that Lee had lined up the deer when Mr Gillies got in the line of fire just as Lee pulled the trigger, that would create the element of doubt for a not guilty verdict.

- NZPA