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A South Auckland businessman was extremely angry when he stabbed a 15-year-old because he believed the boy had tagged his garage, a jury at the Auckland High Court has been told.
The trial of 50-year-old Manurewa businessman Bruce Emery, who is alleged to have chased after teenager Pihema Cameron when he was about to tag his house in January, began on Monday.
The trial is set to last five days.
Crown prosecutor Aaron Perkins says Emery was very angry and he vented that anger by using the knife to stab the youth.
"In fact he took the law into his own hands and he shouldn't have," says Perkins.
The Crown says whether or not Emery is convicted rests on whether he caused bodily injury he knew could cause death and was reckless as to whether death ensued.
Perkins stressed to the jury they must keep an open mind.
Emery, a father of three, wore a dark blue suit and did not show emotion throughout the day and in court denied the murder charge, saying he was not guilty.
In opening, the Crown told the court Pihema Cameron and his friend had spent the 26th of January drinking and smoking dope.
It was after the Saturday night movie that the pair cruised the 33 houses between Pihema's family home and the residence of the accused
Emery thought Pihema had tagged his garage and in a rage, he chased the 15-year-old and his mate 300 meters down the road, before stabbing the youth.
Perkins called Emery's actions were quite unnecessary, completely avoidable and most importantly had no legal justification.
The court heard the two boys used spray cans to try to defend themselves against the accused, but Emery punched out at Pihema, stabbing him through the heart and one of his lungs.
Perkins explained to the court how the stabbing affected Pihema.
"The deceased is breathing blood into one remaining lung, gets up momentarily, stumbles short distance, before collapsing.
Emery took off, returning home to hide the bloody knife under his bed. The teen died within minutes.
But Pihema's friend knew where Emery lived and at three the following morning the police went knocking.
Emery told the police he knew he was in big trouble.
Perkins says the accused told the officer he put a knife in the victim's shoulder because he's 50 and he has a wife and three children to protect.
Perkins says Emery told the officer he thought he was being attacked.
The defence told the court that the Emery trial wasn't like many trials, as there isn't a lot the two sides don't agree on except Emery's motivation for the stabbing.
Chris Comesky, defence, says Emery's actions were self defence and there was no intent to kill.
The crown will call 15 witnesses during the trial which will last all week.
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