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.
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.
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.