-
Related
A student who stabbed his teacher at an Auckland school has been granted bail after the teacher says he did not oppose it, provided there is no contact between them.
Tae Won Chung, 17, a South Korean student, was on Wednesday freed on a 24-hour curfew to the address of the family which has hosted him since his arrival in New Zealand.
Judge Elizabeth Aitken in Auckland District Court also required him to surrender his passport, have no contact with witnesses, and not have access to a computer or mobile phone.
Chung, an international student, is accused of wounding Dave Warren with intent to cause grievous bodily harm.
The charge was laid after Avondale College Japanese language teacher Warren was stabbed in the back on March 3 while writing on a whiteboard during a lesson.
Chung admitted through his lawyer Chris Wilkinson-Smith that he stabbed Warren but is arguing that he did not intend to cause grievous bodily harm and should face a less serious charge.
There had been confusion about whether Warren wanted Chung to be bailed, so Judge Aitken had an independent court staff member take a statement from him at hospital.
"Mr Warren has expressed the view that his concern would be to avoid coming into contact with Mr Chung," the judge says.
She understands that he is not opposed to electronic bail provided Chung does not breach his bail and leave the address.
Aitken says Warren's views would not determine whether Chung got bail, but they were relevant.
Chung was supported in court by family, friends and a staff member from the college, and Judge Aitken said he should be
thankful of the support from both the college and Warren.
"Contrary to what appears in media, victims of crime are more often than not in my experience prepared to extend a degree of compassion to the offender in certain circumstances," she says.
"You are very fortunate, Mr Chung, that Mr Warren has such compassion towards you."
Aitken says that given Chung's age she is required by law to grant bail unless circumstances meant there was no other course of action possible.
She does not agree with arguments he could try to flee from New Zealand and that he is a risk of reoffending.
Wilkinson-Smith argued Chung has no previous convictions and that the circumstances of the case were unique, and came from long-standing issues Chung has with that particular class.
Aitken has some concern about contact with witnesses, particularly three who live at Chung's homestay address.
But the fact he has admitted the stabbing meant only his intention was an issue, and the one witness at the address who could have evidence on Chung's intention is prepared to move out to allow Chung to stay.
His father, who flew out from South Korea after the incident, is expected to stay in New Zealand for the duration of the case.
Aitken told Chung that he could expect to be back in custody if he left the address or tried to access a computer or mobile phone.
Chung was remanded until May 14 for a date for depositions to be set.
Latest NZ News Video
-
Kiwi speaks to TVNZ7 from Everest base camp (1:59)
-
Immigration advisor Bill Milnes discusses claims (4:34)
-
Dance to save Shakti service (0:41)
