Two men accused of murdering an undercover police officer in south Auckland in 2008 reacted "in the heat of the moment" and the fact a policeman was killed should not colour the case, a High Court at Auckland jury was told today.
John Skinner and Iain Clegg, who are charged with the murder of undercover policeman Sergeant Don Wilkinson, responded to what they perceived was a very serious threat, Skinner's lawyer, Marie Dyhrberg said.
"The evidence in this case does not fit with the Crown's theory that Skinner intended to harm someone on that September night, let alone intended to kill someone," she said in her closing address.
"An allegation means nothing. Truth is everything," she said.
Prosecutors allege Skinner, 38, shot Mr Wilkinson and another police officer, who has name suppression, with an airgun in Mangere on September 11, 2008.
Skinner and Clegg, 36, chased the officers after they tried to plant a tracking device on a car at Skinner's house, the Crown said.
The pair are also charged with the attempted murder of Mr Wilkinson's colleague and Skinner with assault with a firearm.
Ms Dyhrberg said even the Crown did not dispute that the accused thought the police officers were burglars.
"Imagine if a real burglar had died after being shot in these circumstances," she said.
"The fact that a police officer was killed and another injured cannot colour your decision."
Earlier, Clegg's lawyer, Stuart Grieve, QC, said in his closing address Skinner and Clegg thought the officers were burglars and reacted to that.
"Clegg responded to what he saw as a confrontation looming. It was not an act intended to help Skinner, it was an act on his own to react to what was happening.
"These two men reacted when they saw the intruders. There was no time for a plan. They challenged the intruders and Clegg chased them. But they were not acting together as part of a plan.
"They did not know what the other was going to do."
There was no evidence to link Clegg in any way to the manufacture of methamphetamine, and he told the jury to put that from their minds.
Yesterday, crown prosecutor Simon Moore, SC, said Skinner and Clegg were two fit, young men who decided to take the law into their own hands.
"These men weren't scared or threatened. These were two very angry, aggressive, violent young men who decided they'd run these intruders down. They were on a homicidal mission," Mr Moore said.
Mr Moore said Skinner and Clegg were guilty of murdering Mr Wilkinson and attempting to murder his colleague as they intended to either kill them, or cause them serious harm they knew could be fatal.
