Augustine's killer was out on bail

Augustine Borrell's parents Charlie and Agnes leave the Auckland High Court after Haiden Davis was found guilty of murdering their son. Photo / Richard Robinson

Convicted murderer Haiden Mark Davis had amassed a dozen criminal convictions and was on bail for aggravated assault and theft the night he stabbed Augustine Borrell to death.

The Herald can reveal the 2007 robbery took place late at night, a street away from where barely three months later Davis would stab Augustine to death.

Davis, 20, was last night found guilty of murdering 17-year-old Augustine, following a post-party brawl in the upmarket suburb of Herne Bay on the night of September 8, 2007.

He was convicted and jailed for life by Justice Rhys Harrison in the High Court at Auckland, and will serve a minimum 10 years non parole.

Augustine - an Auckland Grammar student - had just left a party on Hamilton Rd in Herne Bay when he ended up in a fight with Davis, who was 18 at the time.

Davis pleaded not guilty to murder and maintained the fatal stabbing was an accident.

But what the jury did not know - and could not be told - was that the night he murdered Augustine, Davis was on bail over the aggravated assault, and had already breached his conditions twice.

Davis pleaded guilty to that charge and one of theft while he was in custody for killing Augustine. Davis also had 12 previous convictions from 2006, including drink-driving, wilful damage, shoplifting offences and $13,000 in unpaid fines and reparation to the courts.

The first attack had happened in Herne Bay in the early hours of June 10, 2007, when Davis and a group of 10 friends targeted a 17-year-old boy walking to his car in Sentinel Rd.

According to court documents, Davis grabbed the teenager by his collar and demanded: "What have you got on you?", before threatening: "All us boys are going to come up on you."

As Davis gripped the 17-year-old, another teenager in the group stole his wallet and $350 phone.

After struggling free, the victim ran to the top of Sentinel Rd and found a passing police car.

Davis refused to answer police questions and was arrested. He was charged and released on bail.

Davis' victim said he was unharmed but no longer felt safe.

"I just did exactly as they said. I was so scared that if I didn't do what they said, or put up a fight, they would have given me a hiding.

"I thought I was in a safe neighbourhood and just wanted to find my car. I definitely don't feel safe at the moment walking around at night on my own."

Davis breached his bail conditions by failing to appear in Auckland District Court in late June 2007.

Then in August, he was charged with wilful damage after throwing a bottle at a passing car.

A month later, he killed Augustine.

On November 8, 2007, Judge Paul Gittos sentenced Davis to six months imprisonment, but all details were suppressed until the murder trial was finished.

In summing up at sentencing, Judge Gittos said Davis was one of several young men "ganging up on an innocent bystander".

Davis was freed on bail and was released to an address a few minutes from the home of the Borrell family in Otahuhu, South Auckland.

Augustine's mother, Agnes Borrell, was forced to drive past the house where Davis lived as she dropped her twins at school every day.

It was also revealed that while awaiting his trial, Davis broke his bail conditions by meeting with a key witness to the case against him, Sigmund Croft.

One News spotted the pair together.

Of Davis' breach of bail conditions and violent past, Augustine's father Charlie Borrell told One News: "First my son's life is taken, if that wasn't bad enough, I am getting my nose rubbed in it." He said if someone awaiting trial for murder was not closely monitored, they should not be released at all. "The law is an ass, literally an ass."

Mr Borrell told the Herald it was frustrating knowing about Davis' past when the jury could not. "From what I know of the background of this case ... he has a string of other convictions as well. If the jury had known that they might not have taken as long to come to the verdict."

He said Davis pretended to be remorseful but his reaction to the verdict showed what sort of person he was.

Davis yelled f*** as he was led away from the courtroom.

Mr Borrell said Davis' reaction was like "kicking us in the head".

"It brought my daughter to tears."

* Haiden Mark Davis

JUNE 10, 2007

Haiden Mark Davis attacks a 17-year-old in Sentinel Rd, Herne Bay, and is charged.

SEPTEMBER 8, 2007

Augustine Borrell is stabbed in the heart after a fight with Davis on Jervois Rd in Herne Bay. He dies soon after.

NOVEMBER 8, 2007

Davis is sentenced to six months in jail for the June attack, but details are suppressed until after the Augustine Borrell trial.

MARCH 23, 2009

Davis goes on trial before a jury of seven men and six women at the High Court at Auckland.

MARCH 30, 2009

Davis is found guilty of murder and sentenced to life in jail. He will have to serve a minimum term of 10 years.