8 Nov 2010

Bourke jury retires

3:56 pm on 8 November 2010

The jury in the trial of a 48-year-old Whanganui man charged with the murder of his older brother has retired to consider its verdict.

David Bourke has been on trial in the High Court in Palmerston North for shooting Timothy Bourke at Gordon's Bush in Whanganui in October last year.

The defence concedes the shooting was deliberate, but has argued the accused momentarily lost the power of self-control after months of Timothy Bourke pressuring his brother to end his life.

The Crown rejects the partial defence of provocation and says that because the killing was planned by both brothers, David Bourke, is guilty of murder.