15 Jun 2015

Boy's family to give evidence in dairy homicide trial

10:29 pm on 15 June 2015

The boy accused of murdering a west Auckland dairy owner will not give evidence at his trial but members of his family will.

Arun Kumar.

Arun Kumar. Photo: NZ POLICE

As well as the murder charge, the 14-year-old denies assaulting Henderson shopkeeper Arun Kumar with intent to rob.

Another boy, who is 13-years-old, is accused of manslaughter. Both have name suppression.

The boy's lawyer Julie-Anne Kincade said the 14-year-old's family will talk about the people around the boy and the places he lived.

She said a number of people lived at his last house and they would come and go.

The court has already heard from some of these people who were able to identify photos of an ashtray, empty beer bottles and a bong used for smoking synthetic cannabis found in the boy's bedroom.

Ms Kincade said it was no secret that drugs were taken to this house.

She said a neuropsychologist, Dr Valerie McGinn, will also be called to give evidence. She has analysed the boy and is expected to tell the court the 14-year-old has suffered a traumatic brain injury.

The first defence witness gave evidence yesterday. James Ruhfus analysed the security camera footage from inside the dairy.

He was able to sharpen the picture and watch it at slower speeds.

The key footage is only a minute long. At one point it appears as if Mr Kumar picked up a shiny metal pole from behind the counter.

He used it to prod at the boy who by this stage was armed with a knife and walking behind the counter.

But at this point Mr Kumar drops the pole and becomes locked in a tussle with the boy.

It is then that he is stabbed three times and collapses in the doorway of his shop where he died moments later.

The footage does not have a soundtrack but as it was played in court the sound of Mrs Kumar crying in the public gallery could be heard.

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