A policeman feared for his life when he shot a machete-wielding attacker three times, a High Court jury heard yesterday.
Michael Sam Aliimatafitafi, 37, was also armed with a meat cleaver when he chased after Sergeant Jason Charles Lunjevich, prosecutor Howard Lawry said in his opening address.
Aliimatafitafi continued his pursuit even after being pepper sprayed, and despite being warned to stop and put down the weapons, Mr Lawry said.
"He doesn't respond to pleas to stop, and doesn't respond to the pepper spray and doesn't respond to the impact of the bullets until the third one strikes," Mr Lawry told the court in Auckland.
He said that Aliimatafitafi was brought to a halt just 1.5 metres from the officer.
"You will hear that there were attempts to use pepper spray on him and even after the accused had fallen to the ground, after the third bullet, he didn't release the knives, and the pepper spray was used at that point," Mr Lawry said.
Aliimatafitafi is charged with attempting to murder Mr Lunjevich in April last year in Birkdale.
He faces an alternative count of attempting to wound the officer with intent to cause grievous bodily harm.
There are also four charges of assaulting two other officers and two security guards with the machete. No one was in fact injured, a threat being sufficient for an assault.
Mr Lawry, told the court that an Armourguard security officer employed by the North Shore City Council visited Aliimatafitafi's home after neighbours complained about loud stereo music.
Instead of turning down the music, the accused's father, Iao Aliimatafitafi, angrily turned it up, Mr Lawry said.
Later two security guards returned with two police officers to confiscate the stereo equipment. But when the son brandished a machete at them, they retreated to the roadside and called for assistance.
Mr Lawry said that Mr Lunjevich went to their aid, taking a firearm with him.
"The Crown says he owes his life to that decision to take the pistol."
The prosecutor said that Aliimatafitafi snr came up the driveway with the stereo and smashed it in front of the officers.
As he was being arrested, his son ran up the drive, intent on striking Mr Lunjevich with the machete, Mr Lawry told the court.
He was warned several times to stop before being shot.
Defence counsel Charles Cato said in a brief preliminary address that Aliimatafitafi did not intend to kill or injure Mr Lunjevich, merely to scare him.
He also claimed that his client did not use a machete, and did not threaten or assault anyone with a machete.
After hearing the opening address, the jury visited the scene. The trial continues.
Officer 'was forced to shoot machete man'
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