Jury retires in brothers murder trial

A jury has retired to consider its verdict in the trial of Wanganui man David Bourke accused of murdering his brother.

David Bourke, a 48-year-old meat worker, is accused of shooting dead Timothy Barry Bourke, 49, on October 4 last year.

During the trial, the Crown said David Bourke shot his brother three times at close range, twice in the chest and once under the chin while he was sitting in the back seat of a car.

He was stopped by police while driving through Dannevirke with his brother's body in the backseat, and pulled a shotgun on an officer.

Following a crash on State Highway 2, north of Norsewood in southern Hawke's Bay, David Bourke fled on foot carrying a shotgun, leaving his brother's body in the backseat. He was found in a golf club toilet block 40 hours later.

He earlier has admitted three counts of aggravated assault, two of using a firearm against police and one charge each of assault with a weapon, dangerous driving and refusing to accompany police officers.

The defence argued that David Bourke was guilty of the manslaughter but not murder of his brother, because he had been provoked.

The provocation defence was abolished by the Government last year but was available to David Bourke because the alleged offence took place before the law change.

- NZPA