A jury in the retrial of a man accused of murder during a gang brawl in South Auckland has retired for the night.
Prestman Vesiputa Tauira is accused of deliberately running down and killing FaaFetai Lafolua - dragging him more than 2km - in Otahuhu in August 2006.
Justice Allan gave his summing up to the jury in the High Court at Auckland, which went out just before 1pm on Wednesday.
The Crown says Mr Tauira deliberately drove his car into the victim intending to kill, or knowing death was a risk, and he took that risk.
The defence says Mr Tauira was attempting to rescue his friend, who he saw was being attacked, when he drove his car towards a crowd, and it was not his intention to kill.
Justice Allan says the accused's testimony is that he expected the group to scatter and disburse, but tragically it did not.
The trial is in its fifth week.
The jury in the first trial was unable to reach a verdict.