MARK RASMUSSEN bought a pizza, poured his girlfriend a glass of wine and put on a Transformers DVD when three or four burly men kicked in one of the panels on his door.
Nanjing Night Net

Rasmussen knew the men, but more particularly he knew Mabel Falwassar, the former partner of one of them, who had sent him a text message asking him for sex, a court has heard.

Ms Falwassar’s former partner, William Rawhiti, had earlier discovered that she was not at her own home and he allegedly called out "Mabel" into Rasmussen’s house. But she was not there.

Mr Rawhiti allegedly heard Rasmussen shout back: "F— off. I’ve got a gun."

Within minutes Mr Rawhiti was nursing a gunshot wound to his shoulder. Rasmussen allegedly shot him and two of his friends – one in the elbow and buttock and another in the back – with a silver rifle bearing the inscription "RIP" on the holster.

Rasmussen has been charged with shooting with intent to murder and causing grievous bodily harm. He says he acted in self-defence because he saw one of the men carrying a pistol and they had earlier threatened him.

But the Crown prosecutor, Nanette Williams, summing up the case on Tuesday, said the men were unarmed and posed no threat to Rasmussen because they were all shot from behind, indicating they were already fleeing the scene.

"Whether William Rawhiti was concerned because Mabel wasn’t at home looking after his children or whether William Rawhiti was concerned because he was jealous, that’s something that may be a factor, but you do know from the accused’s own evidence that he had been seeing Mabel, and seeing Mabel in a sexual context," she told the jury.

"He had met Mabel on the July 14 and he remembered it so clearly because he was doing the vacuuming because Mabel had texted him and wanted a sexual encounter and he then started to clean his house … so it was nicer for Mabel … William Rawhiti was angry … They all agree that Mr Rawhiti kicked the door … so that a panel was dislodged and it was at that point they say they heard noises and they saw a gun and ran off up the street."

James Conomos, for Rasmussen, warned the jury not to be prejudiced against him by his bad language or drug-selling history or his decision to carry a gun rather than report matters to the police.

Ms Falwassar had told police Mr Rawhiti had planned to bash her that night, Mr Conomos said. "If he was going to bash [Ms Falwassar] … What was he going to do to the accused? … These are magnificent specimens of men … Were they men who were going to be stopped?"

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