After a street fight, two brothers flanked their victim at a bar before the older one fatally stabbed him, a court has heard.
The two, now aged 21 and 19, both deny murdering Haze Angelo Peihopa in central Whangārei on June 12, 2021.
They both cannot be named, due to the young age of the teenager at the time of the incident.
The 19-year-old has admitted injuring Peihopa, 23, with intent to injure, in relation to kicking him in the head before he died.
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The 21-year-old is also charged with assault with a weapon, in relation to an attack on another victim, which he also denies.
In the Whangārei High Court on Monday, the jury of eight women and four men were told by Crown prosecutor Michael Smith the evidence would come from witnesses and a compilation of CCTV footage from the night.
The incident started with a street fight in the middle of Bank St at about 11.30pm, during what was a busy Saturday night in Whangārei, Smith said.
The fight was between two groups – one involving the two brothers and their friends and the other with Peihopa and his friends.
Punches were thrown and, at one stage, Peihopa tried to use a bottle to hit someone, Smith said.
Things calmed down, then the 21-year-old accused could be heard requesting a blade from an associate, he said.
Holding the large knife behind his back, the 21-year-old and his 19-year-old brother approached a bar in the middle of Bank St, where Peihopa was in the outdoor area facing the street.
Smith said the pair appeared to try and flank Peihopa, coming at him from two different angles.
Peihopa at first tried to back up, then advanced on the older brother, when the 21-year-old made several swings with the knife, the court was told.
One of the swings delivered a fatal stab wound to Peihopa, fracturing one of his ribs and severing a main artery to his heart, Smith said.
Peihopa staggered onto the road and ended up lying in the gutter, where the 19-year-old kicked him in the head while the older brother tried to swing the knife at another person.
As police and ambulance arrived, the pair left and were captured by police at a nearby toilet block.
But both deny murder.
There is no dispute the 21-year-old inflicted the single, fatal stab wound to the left side of Peihopa’s chest, his lawyer, Steven Lack, said.
However, he told the jury they cannot be sure his client intended to kill with the blow, nor that he intended to cause serious bodily harm knowing it was likely to cause Peihopa’s death.
Both sides used weapons in the fight, but Lack said his client did not bring a knife but was given it after the initial altercation.
The 21-year-old was also intoxicated by both alcohol and nitrous oxide, making it difficult to process the consequences of his action, Lack said.
The 19-year-old was not involved in the causing of the fatal injury, his lawyer, Ron Mansfield KC, told the jury.
The teenager was just 17 at the time of the incident and was hanging with his older brother when they became involved in the street fight, he said.
It was a fast and chaotic incident without co-ordination, Mansfield said.
After Peihopa was stabbed, the teenager “stupidly” kicked him, reflecting the fact he had no idea he was fatally stabbed and lying in such a bad state, he said.
The trial is expected to run for up to two weeks.