23 Feb 2017

Shooting victim initially thought it was a joke, court told

6:00 pm on 23 February 2017

Two men have told a court how they were confronted with an unknown gunman in the street, on the night their friend was shot dead.

Police gather evidence on Railway Street West after a shooting in Papakura early Saturday morning left one man dead and another seriously injured.

Police gather evidence on Railway Street West in Auckland after the shooting in March 2016. Photo: RNZ/Tom Furley

Isaac Cruz Eru Broughton has denied charges of wounding with intent to cause grievous bodily harm to Bunji Fenton and murdering 26-year-old Shon Wanahi in an incident near the Papakura Railway Station in Auckland in March last year.

His lawyers said he was under attack when he fired the shots.

Mr Fenton told the court he had been drinking with friends and they were walking to a bar when a car pulled up and parked in front of them, near the railway station.

He told Crown prosecutor Evan McCaughan that two men stood by the car and one was holding a shotgun. The gunman called out.

He said his initial reaction was: "Was this real, was he standing there pointing a gun at us, or was this a joke?"

Mr Fenton said he had never seen the man before and decided to rush him.

Mr McCaughan asked why he decided to approach the gunman.

Mr Fenton responded: "I'd rather do that then get shot in the back."

The gunman got back into his car and Mr Fenton said he punched him through the open driver's side window.

"He pulled a gun from the middle section and shot my arm."

Mr Fenton said he heard a shot go off, but he continued trying to punch the gunman.

Mr McCaughan asked what he was trying to do.

Mr Fenton said: "Hopefully to knock him out so that he won't be shooting anyone."

He said he saw blood on the gunman's face and looked down to see he had been shot in the arm. He said he retreated and called out to bystanders to call an ambulance before blacking out.

Under cross-examination by Mr Broughton's lawyer, Ish Jayanandan, Mr Fenton said he was shocked and in disbelief when he saw the gunman.

He said he had hoped to disarm the gunman and then call police but denied having any plans to beat Mr Broughton up.

Jordan Paul - a friend of Mr Fenton and Mr Wanahi - was also there on the night. He said he saw Mr Fenton get shot and stumble around the back of the car before a second flash of light came from inside the car.

"The second shot was my mate when I seen him being... to the chest, being blown back into the garden. I ran off and then, just behind the tree, I just waited there because I didn't know what was going to happen, if they were going to come for me. I just waited there and my mate came up and told me he'd been shot," Mr Paul said.

The trial, before Justice Venning and a jury, is due to hear from a further 34 witnesses.

At the opening of the trial today, the Crown said Mr Broughton threatened the victims, before getting into his car and shooting the two men through the open driver's side window.

Mr Broughton's lawyer, Ish Jayanandan, said Mr Broughton's car would not start and he was being attacked by the two men at the time.

She said it was only after the second shot that the attack stopped.