Murderer's appeal attempt dismissed

Haiden Davis. Photo / Brett Phibbs

A man who stabbed to death a teenager at a post-party brawl in Auckland has had his application to appeal his conviction dismissed.

On September 8, 2007, Haiden Davis, aged 18 at the time, stabbed 17-year-old Auckland Grammar School student Augustine Borrell during the confrontation in the upmarket suburb of Herne Bay.

Haiden Mark Davis, 20, was found guilty of the murder and given a life sentence with a minimum term of 10 years for the killing, which he carried out while on bail for another offence - an aggravated assault charge.

An earlier appeal against his conviction was dismissed by the Court of Appeal and his application to the Supreme Court was thrown out today.

Davis wished to argue two grounds relating to the trial judge's direction of the jury, but the Supreme Court found that the judge's actions were just and fair during the case.

In its judgement released today, the Supreme Court found the criteria for leave were not met, saying it was "not persuaded that the Court of Appeal's assessment in relation to either of the issues now raised can be faulted".

"Neither singly nor in combination do they raise a concern that there may have been a substantial miscarriage of justice," said the report.

Last weekend, members of Augustine's family joined a gathering of about 120 people representing 50 families affected by some of the country's most shocking and high-profile murders.

The group met at the Dunes Hotel on Waiheke Island to share their harrowing stories for the first time.

At that meeting, Augustine's father Charlie said Davis' attempts to appeal his conviction continued to put the family through "an emotional rollercoaster ride", the Herald on Sunday reported.

"My son was murdered on the day the All Blacks played France in their first game of the last World Cup. So this World Cup was a sort of semi-happy time because we won it," he said.