Sister of young man who killed her father details horror night

DAVID WHITE/STUFF

Defence Lawyer Denise Wallwork is representing the young man.

Moments before he killed his abusive father, a young man told his family he would rather take his Dad's beating than have them suffer. 

The accused, who has name suppression, killed his father last year at his Auckland home after hours of violence and threats had been inflicted on himself and his family. 

The Crown claim it was murder, while the defence are arguing the young man was trying to save his life, and his family's. 

DAVID WHITE/STUFF

Justice Ailsa Duffy at the High Court in Auckland.

At the start of the trial the family's home environment was described as being like Once Were Warriors, with the father being described as 'Jake the Muss'. 

On the night of the death, the deceased had severely beaten his wife and terrorised the family for a number of hours. 

Giving evidence on Monday, the accused's sister continued to give evidence about the night her brother killed their father.

She recalled how her father had come to the house she shared with her brother on the night of his death, and began shouting threats and banging on windows. 

At one point, he turned his anger towards his son, calling him outside to fight him. 

"I remember Dad saying, 'Yeah, come out here. Come out here you little.... Come on."

"My brother attempted to go out. He started walking towards the ranch slider.

"I remember standing in front of my brother. I told him 'don't'. I know I was trying to calm him down.

"My brother said, 'I would rather him beat the shit out of me than he touch any of you'."

His siblings and partner convinced him not to go outside. The police were called, and shortly afterwards, the family saw the father leave in a car. 

However, he had only driven down to a part of the driveway which was not in view of the house. 

"We watched him leave. We thought f... he is gone, he is finally calmed down. This is part of the routine where he goes home and calms down. He never carries on or comes back. But he came back."

It was at this point the accused went outside of the house armed with a knife.

After going outside, the defence claim the deceased came at the accused and punched him. 

Fearing for his life, the defence say the young man stabbed his father. 

The sister told the court how shocked she was when she heard a scuffle happening outside after their father had left the property. 

"I came out and I saw everything. I saw Dad and he was saying my brother's name and my brother was crying. He was cradling Dad on his lap and crying. He was saying, 'I am so sorry, I am sorry'."

"Dad was just asking for water. I lost it. I remember losing it. I was screaming at anybody."

Ambulance staff arrived at the scene but were unable to save the man. One of the stab wounds had penetrated his heart. 

"I remember my brother looked at me and said 'I am sorry, I don't know many times I stabbed him'."

The Crown say while the deceased was violent, the force used by the accused was excessive. 

The jury trial is in its second week, at the High Court in Auckland, in front of Justice Ailsa Duffy.