Murder accused's parents want him back at school

The family of a 14-year-old boy accused of a brutal murder in an Auckland park this month wants him to go back to school tomorrow.

The parents have written to Tamaki College, where he is enrolled, asking that their son be allowed to return to school and are awaiting a response.

Their request has incensed the victim's partner and caused his school to call an urgent meeting.

The Herald on Sunday understands the board of trustees has called a crisis meeting tomorrow to decide the student's fate.

A source close to the school said senior management felt they were in a difficult situation because they did not want the student to return, but believed that legally they had no option but to allow him back.

Under the terms of his bail, the 14-year-old is on a 24-hour curfew and is allowed to leave home only if he is in the company of either his mother or father. If the school agrees he can return, the parents would then seek a Youth Court hearing for a variation in bail conditions. The Crown can challenge such an application.

The parents have not decided what their next step will be should the school refuse to let the boy return.

The Glen Innes teenager is jointly charged with three others - aged 17, 18, and 19 - with the murder of Thomas Martin.

The 37-year-old father of three was attacked and left for dead in the Maybury Reserve in Glen Innes early on April 1. He had allegedly been beaten with a chunk of concrete attached to a metal post.

Mr Martin had surgery and was kept in a drug-induced coma in Auckland Hospital but, five days after the beating, his life support was switched off.

Mr Martin's long-term partner Tanya Gilbert said yesterday she was angry the teenager's bail conditions might be softened to allow him to return to school. She said she was concerned about what her family would do when they heard.

"When the rest of my family gets wind of that they will probably be the ones that might do something."

Ms Gilbert, who lives in a side street close to the school, said she believed the boy's presence at school would be a safety issue for other students.

Ms Gilbert said knowing that a 14-year-old had been charged with murdering her partner was sickening enough without also having to deal with him going to school less than 80m from her house.

A school source said senior management was concerned for the safety of other students and feared allowing an alleged murderer to return to school could send the wrong message. Principal Soana Pamaka said yesterday she would not comment until the board had met tomorrow.

Board of Trustees chairwoman Sylvia Fausett said she could not comment, but added the situation was "certainly one we haven't grappled with before".

Ministry of Education spokesman Vince Cholewa said under current bail conditions the teenager was not allowed to attend school.

But if the family was successful in softening the conditions, the ministry would work with the school to make sure everyone was safe.

However, Youth Law senior solicitor John Hancock said that even though the boy faced serious charges, as he was younger than 16 he was legally obliged to attend school and the school could not turn him away.

"There's nothing that can prevent him attending that school, and I think most people would agree in his situation it's good his education is being attended to," he said. "If he hasn't been found guilty or pleaded guilty, should he be suffering that sort of prejudice?"

The crime he was alleged to have committed was outside the school's jurisdiction, so he could not be suspended or excluded, Mr Hancock said.

Education law expert Paul Rishworth, dean of Auckland University law school, agreed the college had no legal power to turn the boy away.

"This case shows a gap where somebody's charged with an offence outside of school, and of course they're presumed innocent, so there's no basis really in the Education Act for keeping them out of school," Professor Rishworth said.

Education Minister Steve Maharey said the ministry was working closely with the school and police.

"Everyone is very clear what their responsibilities around this are."

And National education spokesman Bill English said the ministry, not the school, would have the final say on whether the boy would be allowed to return.

But he said it would be unfair to expect the school to provide the high level of supervision needed to make sure the other children were safe.

The 14-year-old is due to reappear in Youth Court at a pre-depositions hearing on May 25.