Last updated 17:06, June 8 2018
DAVID WHITE/STUFF
Crown Prosecutor Gareth Kayes at the High Court in Auckland.
Crown Prosecutor Gareth Kayes at the High Court in Auckland.
A man who killed his abusive father has been found not guilty of murder.
The accused, who has name suppression, has been on trial in the High Court in Auckland.
On Friday the jury delivered its unanimous verdict and found him not guilty over the killing his abusive father.
Defence Lawyer Denise Wallwork.
The jury had to decide whether the young man was guilty of murder, guilty of manslaughter or was not guilty and had been acting in self-defence.
The Crown had argued that when the accused repeatedly stabbed his father it amounted to murder, while the defence said the young man "did his best to save himself".
Justice Alisa Duffy oversaw the trial.
Justice Ailsa Duffy thanked the jury and told them she considered they had reached the right verdict.
She also excused them from jury service for five years.
The accused and family were emotional as the verdict was handed down.
The man cried as he thanked the jury and Justice Duffy.
As soon as he was released from the dock he embraced his partner and daughter.
A number of family members who were also present including the deceased's wife all cried as the verdict was delivered and embraced.
Over the past four weeks the court heard how the family was subjected to years of family violence.
On the night of the death, the deceased had severely beaten his wife to the point where she was bleeding.
She managed to leave their property and make her way to her son's house, where a number of the family were.
During the trial a recorded interview was played between the younger brother and police filmed after the killing.
"My mum came over and she had my baby brother with her in the pram. When my brother [the accused] saw her face he started to cry because her eye was cut open from my dad beating her up," the younger brother said.
"One side of her eye was all pink and puffed up, the other one there was blood coming out of her eye."
Shortly afterwards, the father came to the property and began shouting abuse and intimidating the family.
The family locked the house and hid. The father continued to shout threats and beat on the windows of the house.
The police were called at 9.19pm by a family member hiding inside the house.
The family told the man police were on the way, and shortly afterwards saw a car leaving the property.
It was at this point the accused went outside armed with a knife.
He said he had picked up the knife when his father was still at the house and had unintentionally taken it outside.
What happened next is slightly unclear.
The defendant said his father came out of the darkness and punched him. He then began to assault him, the young man retaliated by stabbing him.
It was the first and last time the young man had ever fought back against his father.
"My brother went to check if he was gone and my dad punched him in the face. In defence my brother freaked out and stabbed him," the younger brother said.
"I just heard a punch and someone scream and you could hear heavy footsteps on the ground. I could hear my father try and scream because my brother had stabbed him," he said.
The young man rushed outside and saw his father lying on top of his brother on the ground, the court heard.
"I could hear my brother say, 'Is this what you wanted?', I could hear my brother screaming he never wanted to do this.
"When my brother saw what he had done he was trying to stop my dad from bleeding. He had not mean to do what he had done. He was scared my dad would hurt [my mum] worse than he had done before.
"[My brother] said I am sorry, forgive me I am sorry. That is when the police showed up.
"I saw my dad up against the wall with blood coming out of him. My sister and mother were calling for help."
The deceased had been stabbed multiple times – once fatally through the heart.
The deceased's wife ran outside and found her husband lying on top of their son, attempting to punch him.
"I could hear my son's whimpers," the woman said.
She tried to lift her husband off her son, and soon realised what had happened, the court heard.
"I remember blood on my hands and I heard my husband say he had been stabbed. I started screaming," she said.
"I remember my son with his father in his arms. He was saying, 'I am sorry dad, look what you made me do'."