KEY POINTS:
The jury was asked today to decide whether a knife was used in self-defence or to vent anger, in the Auckland trial of a man accused of murdering a teenage tagger.
Bruce Emery, 50, is accused of stabbing to death 15-year-old Pihema Clifford Cameron, after he found him tagging his property in Manurewa, south Auckland, on January 26.
The trial began in the High Court on Monday.
The court heard that Pihema had been out with a 16-year-old relative with several spray cans, which they used to tag properties near Pihema's home in Mahia Road, Manurewa.
The jury of four men and eight women heard that Emery chased the boys along Mahia Road and used a knife to kill Pihema.
Summing up the evidence to the jury, crown prosecutor Aaron Perkins said they had to decide which evidence was reliable and credible.
"The accounts between the 16-year-old witness and Emery are so different, they can't both be right. The transcript and the evidence shown on DVD in the police interview is what matters.
"When chasing these boys, Emery became more and more angry," Mr Perkins said.
Emery told police he'd chased the boys for about 500 metres, but he didn't know why, admitting "I don't know, I just got caught up in it."
Mr Perkins told the jury that Emery continued chasing them because he was so angry.
"If you take the law into your own hands you run the risk of facing some consequences," he said.
"Self-defence is defending yourself from attack," he told the jury.
"You have to decide the circumstances when the knife was used, and determine what was going through the accused's mind at the critical time.
"He used the knife not in self defence, but to vent his anger. If you don't accept that, you have to be satisfied that the force used was unreasonable."
He added that Emery did not mention anything to police about his glasses and eyes being sprayed with paint.
Mr Perkins also said Emery did not tell his wife or call police after the incident.
Both Emery and the 16-year-old witness talked about Pihema falling backwards after being stabbed.
"If he had walked onto the knife, you have to rationalise why he fell backwards," Mr Perkins said.
Chris Comeskey, defending Emery, told the jury the loss of Pihema's life was extremely tragic.
"The accused is a family man with children and a wife. He's a character of pretty steady habit. He didn't want someone to come along in the middle of the night and paint his garage. It's no surprise that when he sees the deceased he gets angry and yells out.
"The accused faces several disadvantages. He's outnumbered by two, albeit young men, who could be aged 15 to 17. They're wearing hoodies. He must be feeling very vulnerable as they've come onto his property.
"He acts instinctively and gives chase. He knows he might encounter danger out there so he takes the knife and runs off," Mr Comeskey said.
He told the jury Emery was lured up Southview Place, which is a dark, dead end street. Then Pihema said, "Let's rush him" and he sprayed Emery in the face.
"The knife had nearly a 14 centimetre blade. It is more probable that the deceased hasn't seen the knife and he's walked into it. The pathologist said the knife only went in five centimetres, so it can't have been caused by a thrust.
"Yes, the accused could have gone home, but that doesn't make him a violent killer. He gambled, he took the risk. If he's as angry as the Crown is saying, why wasn't it a frenzied attack?" Mr Comeskey said.
Justice Hugh Williams is expected to sum up the case to the jury tomorrow morning.
- NZPA
