Murder accused pleads not guilty

David Bourke during a court appearance last year. Photo / NZPA

The trial has begun today of a freezing worker accused of shooting dead his brother and driving around the lower North Island with him in the back seat, avoiding police during a two-day manhunt.

David John Bourke, 48, has pleaded not guilty to the murder of Timothy Bourke, 49, in Wanganui on October 4 last year.

In the High Court at Palmerston North today, Crown prosecutor Ben Vanderkolk said 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, the Manawatu Standard reported.

Bourke then drove to the Kapiti Coast, through Palmerston North and was finally stopped by police with his brother's body in the backseat in Dannevirke.

He was chased by police after he pulled a shotgun on a constable when he failed a roadside alcohol breath test, Mr Vanderkolk said.

Following a crash on State Highway 2, north of Norsewood, Bourke fled on foot carrying a shotgun and left his brother's body in the backseat. After 40 hours police found Bourke in a golf club toilet block.

Bourke 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.

Defence lawyer Mike Antunovic said his client was guilty of the manslaughter but not murder of his brother, "because what happened occurred by way of provocation."

Bourke's trial is set down for two weeks.

- NZPA