On December 24, 2021, two assailants burst into a Mt Roskill house, shot dead a young man and attacked two others with a machete. Video / NZ Herald / Hayden Woodward
Who pulled the trigger of the .22 calibre rifle that fired a bullet through the chest of Brian James in Mt Roskill two days before Christmas in 2021?
And was it intentional?
Those are among the questions the jury will have to come to a decision on in the trial of three men jointly accused of murdering James, defence lawyer Nicola Manning says.
Manning is representing Apisaloma Timoti, whom the Crown claims fired the fatal shot that evening.
He is standing trial at the Auckland High Court alongside Angelo Junior Thomsen and Robin Leota.
Their trial in the Auckland High Court began on Monday with the trio entering not guilty pleas to all charges, watched by a packed public gallery.
Accused of the murder of Brian James in Mt Roskill two days before Christmas in 2021 are (from left): Apisaloma Timoti, Angelo Junior Thomsen and Robin Leota, on trial in the Auckland High Court from Monday. Photos / George Block
Timoti, Thomsen and Leota are all jointly charged with murdering James.
They are also jointly charged with wounding two other men in the home with intent to cause grievous bodily harm.
Leota is charged with helping Thomsen evade arrest after the killing and unlawful possession of a shotgun.
Justice Andrew Becroft warned the jury it would be a long and demanding trial.
The six men and six women are set to hear from dozens of witnesses, including neighbours, medical specialists, scientists, police officers, detectives and an expert in blood spatter and bullet trajectories.
In her opening statement, Manning said Timoti did not dispute he was at the Glass Rd home with the rifle on the night in question.
“The critical issues for you are whether Mr Timoti discharged the firearm,” Manning told the jury.
“And whether the discharge was intentional.”
David Dickinson, representing Thomsen, said questions of reliability and credibility were set to loom large in the trial.
Leota’s lawyer Graeme Newell did not give an opening statement.
McMullan, in his opening address, said Thomsen was wielding a machete and Timoti was armed with the .22 calibre rifle.
Leota arranged for the duo to go to the home in Glass Rd, it is alleged.
Brian James, 23, (inset) died after he was shot dead at a property in Glass Rd two days before Christmas in 2021. It would be almost a month before police made the first arrest. Photo / Alex Burton
“There were things going on at the address … there were drugs being dealt,” McMullan said.
An altercation ensued after the pair burst into the house. Thomsen wounded two men with the machete, McMullan said.
“Timoti and Leota didn’t hold the machete,” he said. “Their involvement renders them culpable of those offences nonetheless.”
Timoti and two occupants got into a scuffle in one of the rooms.
“In the course of that struggle, Mr Timoti discharged a number of shots from his .22 rifle,” McMullan alleged.
One bullet went through James’ foot and another went through his chest, killing him, he said.
The Crown claims that after the men fled, Leota helped Thomsen evade police, arranging for him to move between safe houses.
“Uso, s*** got out of hand and we both had to leg it … I’ve been laying low from the you-know [the police],” Thomsen told Leota in a text, the Crown alleges.
The trial continues, with the first Crown witness to be called on Monday afternoon.