Orren Scott Williams in the High Court in Hamilton says he was acting in self defence when the four armed burglars broke into his home last year. Photo / Belinda Feek
A man fatally shot after fleeing a house he had earlier been involved breaking into, was likely "leaning more forward" and running at the time, a court has heard.
Faalili Moleli Fauatea, 23, died soon after he and three others smashed their way into the family home of Orren Scott Williams about 3.30am on June 6, last year.
He was shot twice by Williams as he fled the Harbour Rd home with Shaun Te Kanawa, Grayson Toilolo and Joe Tumaialu after they attempted to steal two large bags of cannabis.
In total, Williams fired eight shots at the men and their vehicle, all of which either hit the men or their vehicle.
Williams has been charged with Fauatea's murder and wounding with intent to cause grievous bodily harm to Te Kanawa, Toilolo and Tumaialu, charges which he is currently defending in the High Court at Hamilton this week.
Forensic pathologist Rexson Tse gave evidence today and told the jury of six men and six women how he found two gunshot wounds on Fauatea's body; one which grazed the shoulder, the other in the lower back.
In questioning by crown prosecutor Rebecca Mann, Tse said the fatal bullet's trajectory showed that he was leaning over or in a running movement when he was shot.
After damaging muscle, bone, kidney, liver and diaphragm, the bullet came to rest below his breast bone.
When asked if the shooter had been elevated, Tse said Fauatea would have been leaning forward even more.
"The deceased has been leaning more forward to bring that angle back to level."
As the bullet had injured a low-pressure vein, he would have bled out slowly before he died, he said.
Williams fired his shots using a military style semi automatic rifle. The crown alleged earlier this week he was about 45m away at the top of his driveway when he fired the shots.
The bullets
blew out the rear windows and travelled not only through the car's metal but also through the seats the victims were sitting in.
Toilolo was also hit in the back as he sat in the driver's seat of the vehicle. Tumaialu's ankle was left shattered after a bullet went through it, while Te Kanawa has suffered long-term nerve damage to his arm after a bullet went through his forearm.
Earlier, the court heard from the first four police officers who arrived at the scene outside Hauturu School.
Sergeant Andrew Connors spoke to Williams after he was pulled over 3km up the road after being noticed driving past the school by Emma Salvation.
Connors said he noticed blood streaming down Williams' face as he spoke to him and knew he needed medical attention.
He said Williams took it upon himself to "fess up" that there was a firearm in his car.
Conners asked Williams what happened and was told that he was at home when he was attacked by four men.
"That they had come to his property and attacked him and also attacked his wife and the children were at the house also and that his wife and children had driven off to another address, he wasn't certain where."
Williams told him he had stayed at home for a while and was out driving because he "decided to get out of the house".
After taking him back to the school to receive medical treatment, he was told that Fauatea had died in the air ambulance.
He then informed Williams of his rights and that he should speak to a lawyer.
Meanwhile, Williams, through his defence counsel Philip Morgan, QC, says that he's innocent of the charges as he had been acting in self defence.
Morgan told the jury they would have to decide if Williams was justified in his use of force in the circumstances and whether that force was reasonable.
The trial, set down for two weeks, is being overseen by Justice Mary Peters.
* Shaun Te Kanawa, Grayson Toilolo and Joe Tumaialu were all charged with aggravated burglary for their part in the incident. Te Kanawa and Tumaialu have been sentenced, however Toilolo's case is still before the court. Emma Salvation, who hatched the burglary plan, was convicted of burglary and sentenced to 12 months' home detention.