Man attacked with own sword near home, court hears

A Mangere man who took a sword to stop a noisy fracas outside his home paid for it with his life, the High Court at Auckland was told yesterday.

Blair Graham Harvey was overpowered and attacked with the weapon which was stuck into his eye, almost to the back of the skull.

He died three hours later in hospital, in the early hours of October 3 last year, from brain damage.

The three men accused of his murder - Sione Laungaue, 19, Siosifa Takamara Tupou, 19, and Sefanaia Tuituiohu Tupou, 21, all of Mangere - began before Justice Mark Cooper and a jury.

Prosecutor Howard Lawry told the jury that the three accused had been to a party in a caravan at a house in View Rd, opposite the home 25-year-old Mr Harvey shared with his family. After they left there was a disturbance with shouting and fighting, prompting neighbours to call the police.

But before they arrived Mr Harvey went out to remonstrate with the men, carrying a long sword in its sheath.

Mr Lawry said that a witness would describe what happened to Mr Harvey as "barbaric".

The three men surrounded Mr Harvey, overpowering him. Laungaue was said to have taken the sword. Mr Lawry said Mr Harvey was punched and kicked and attacked with the sword as he tried to defend himself.

He was pursued as he tried to get along his driveway to his home where he was caught and his head was struck a number of times with the sword.

It was likely Mr Harvey was lying on his back on the ground when the sword was put into his left eye and into his brain. Laungaue wielded the sword but it was a concerted attack with the others involved.

He said it was murder because Laungaue "clearly intended to kill the deceased" and the others knew he was prepared to use the sword as a weapon, targeting Mr Harvey's head.

"They may not have swung the sword, but our law says that they are equally liable," Mr Lawry told the court.

All three had Mr Harvey's blood on their clothes.

When interviewed on video, Laungaue is said to have accepted that he alone had the sword.

He allegedly acknowledged that he acted out of anger and that he hit Mr Harvey two or three times around the head and shoulders.

Laungaue was said to have told police interviewers that he faked hits to Mr Harvey's lower body so that he would drop his arm down before striking him to the head with the sword.

After the Crown opening, the jury were taken to the scene.

The trial continues.

- NZPA