Police are yet to decide whether to lay charges against the owner of an Auckland pharmacy over the death of an intruder, his lawyer says.
The Mount Albert pharmacy is owned by Grant Gillard, who has operated the business with his wife Vera for more than 40 years.
Mr Gillard's lawyer Richard Earwaker told Radio New Zealand police were yet to decide whether to lay charges but would make a decision after carrying out more investigations.
"The police in their normal thorough way are looking at all the evidence... and when the results are in and the investigation is completed I would imagine they would look at all very carefully then." Mr Earwaker said
Mr Gillard had been shaken up by the incident and after spending yesterday talking to police would spend today resting, he said
"Obviously its extremely frightening and although he didn't suffer any major injury it's obviously been a real shake up for him and his family," Mr Earwaker said.
Auckland City police western area commander Inspector Jim Wilson said Mr Gillard was alerted at 4.30am yesterday by a security company that the property's alarm had been activated.
A security guard then confirmed by telephone that there had been a break-in and waited outside the back of the property for the owner to arrive.
They both then searched the pharmacy together but didn't find anything untoward and the security guard left, Mr Wilson said.
"Shortly after that the owner has been confronted by a intruder and a struggle ensued during which time he has called his wife and asked her to call police," Mr Wilson said
Police arrived five minutes later and found the intruder collapsed on the floor. He was given CPR but was pronounced dead shortly after 6am.
The name of the intruder, believed to be middle aged, has not yet been released. A post mortem is expected to be carried out today. The New Zealand Herald said today it understood the intruder went into cardiac arrest while being detained by Mr Gillard and was unable to be revived.
Avondale CIB were investigating the circumstances of the death and were in the process of locating the dead man's next of kin.
"Police and ESR staff will carry out a scene examination today," he said.
Police were also examining a hole at the back of the shop building underneath a window around one metre in size.
The hole was potentially large enough for a person to fit through, and has been cordoned off.
"The hole would form part of the scene examination," Mr Wilson said.
It was not yet known how the intruder died.
Mr Wilson would not elaborate on details of the struggle between the two men, or whether any weapon was involved.
He said he would not have details of the injuries until the pathologist's report was completed.
There were no security cameras in the pharmacy, but there was evidence of a break-in, Mr Wilson added.
It has been reported that Mr Gillard's pharmacy had been targeted by burglars before.
NZPA