Officers didn't consider accused gunman a threat

Undercover officer Sergeant Don Wilkinson died after being shot in the chest. Photo / Richard Robinson

Two undercover police officers were shot several times at close range with a high-powered airgun, one fatally, after they and a colleague was sprung trying to put a tracking device on a car, a jury has been told.

Prosecutors say Sergeant Don Wilkinson and another police officer who has name suppression were shot in Mangere in September 2008 with an airgun by John Skinner, 38, as Skinner and Iain Clegg, 36, chased them.

Skinner and Clegg are on trial in the High Court in Auckland charged with the murder of Mr Wilkinson and the attempted murder of his colleague. Skinner also faces a charge of assault with a firearm.

Crown prosecutor Simon Moore said police were given a warrant by a judge to place a tracking device on one of Skinner's cars as part of a drugs investigation.

Once the warrant was granted a clandestine drug laboratory investigation team checked out the address to see if it was safe for Mr Wilkinson's team, the tactical support unit (TSU), to plant the device.

Mr Moore said inquiries established that the courtyard of the address in Hain Ave, Mangere, had movement sensors which would set lights off.

"It seems that what they didn't know was that in addition to sensors and lights, there was a security camera at the front of the house which was connected to a CCTV system with monitors inside," he said.

Police went to the scene thinking Skinner was not a threat, Mr Moore said.

He said police knew that Mr Skinner had shown an interest in BB guns and glock lookalikes.

"That didn't concern them because BB guns are not lethal," Mr Moore said.

"What they didn't know was that Mr Skinner had possession of high-powered air rifle."

Mr Moore said the two officers proceeded just inside the gates of the address when the lights went on.

They heard the front door open and a man yell at them, at which point they ran out the house and around the corner.

Skinner shortly afterwards got into a car driven by Clegg and they proceeded after the policemen, who had stopped briefly before hearing the sound of the car.

They went down a driveway in nearby Earlsworth Road, where Skinner and Clegg tracked them down, Mr Moore said.

He said Mr Wilkinson's colleague was hit in the head with a weapon before being shot three times. Two of the shots struck a protective vest he was wearing.

As he was on the ground, he heard three other shots. Mr Wilkinson subsequently died at the scene.

Police surrounded Skinner's house shortly afterwards. The two men gave themselves up, and Mr Clegg was heard to say "did you get the car thieves", Mr Moore said.

Skinner told a police officer who was with him as they drove back that two men were breaking into their car.

After they arrived at the police station, Skinner was told that as a result of shooting, one person was dead and another seriously injured.

Mr Moore said Skinner said "Dead? Blow me away, that's just f***ing crazy".

When informed at a subsequent time that the deceased man was a police officer, Skinner said "if they were cops, why didn't they say they were cops", Mr Moore said.

Mr Moore said the law didn't allow Skinner the defence of saying he thought he was chasing after a car thief ... that did not give him the right to use the force he did.

The trial before Justice Geoffrey Venning and a jury of four women and eight men is due to last three weeks.

- NZPA