Killer paroled after five months jail

David Bourke. Photo / Supplied

A man who successfully claimed he was provoked into killing his depressed brother is set to be released five months after being sentenced to nearly three years in jail for manslaughter.

David Bourke, a 48-year-old meat worker, shot his suicidal brother Timothy Bourke, 49, twice in the chest and once under the chin on October 4, 2009.

When he was stopped by police near Dannevirke, he pulled a shotgun on an officer and fled with his brother's body in the back seat of his car.

He was found in a golf club toilet block about 40 hours later after a massive police manhunt.

The Crown argued those actions were planned and amounted to murder at the High Court in Palmerston North.

But the defence argued both brothers were depressed and Bourke carried out the killing after continuous pleas from his brother to end his life.

Bourke was found guilty of manslaughter under the recently abolished provocation defence in December.

He was sentenced to two years and 10 months in jail.

The Parole Board today decided to cut that term short and release him in May.

Its decision pointed to the "tragic" and "unique" circumstances of the case and noted Bourke's strong family support and the fact his meatworker job would likely be available to him on his release.

An array of psychological reports showed Bourke was a medium to low risk to his community, the decision said.

"We are satisfied that Mr Bourke can be managed safely in the community without undue risk to anyone... He copes in prison but he cannot be said to be coping well. The only place he knows is in the middle of his family. They await him. The support there is thoughtful and strong.

"It seems likely that his job will still be available to him. He is thought well of there. That is also something which needs to be factored in."

The board panel imposed several conditions on the release, including ordering Bourke to undergo psychological treatment and vocational training and banning him from alcohol, firearms or associating with anyone under 16.

Provocation was abolished as a defence by the Government last year but was available to Bourke because the alleged offence took place before the law change.