The defence has opened its case in the High Court in Wellington, saying Senior Constable Keith Abbott was acting in self defence when he fatally shot Steven Wallace in Waitara in April 2000.
Defence lawyer Patrick Mooney told the jury that for the private murder prosecution to succeed, it must be proven that Abbott did not act in self defence.
Mooney said Abbott believed his life was in danger and it is estimated there was only 60 seconds between Abbott getting out of his vehicle and shooting Wallace.
Abbott has told the court of watching Wallace smash windows in another police car. He said he then drove to the police station to draw a firearm because he believed Wallace was a threat to himself and anyone else about at the time.
Abbott said he repeatedly tried to persuade Wallace to drop the softball bat, as well as a golf club he was carrying, and warned him several times that he was carrying a loaded firearm.
Abbott described in detail how Wallace advanced toward him, threatening to kill him with the bat which was aggressively raised above his head.
Abbott said he repeatedly tried to calm Wallace down, but he was becoming increasingly outraged and ignored a warning shot.
Abbott said he remembered wondering what Wallace was on, and thinking it would have taken a bulldozer to stop his advance.
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