Enere Taana-McLaren, 16, died after he was stabbed at a bus stop in Dunedin in May last year. Photo: Facebook screenshot
The 14-year-old boy accused of murdering another teenager at a Dunedin bus stop was trying to protect himself, not harm anyone when he swung the knife, his defence says.
The Crown has told the High Court that the 14-year-old boy initiated a confrontation before pursuing and stabbing a Dunedin student.
Sixteen-year-old Trinity Catholic College student Enere Taana-McLaren was stabbed at the Dunedin Bus Hub in Great King Street on 23 May 2024 and died in hospital later that day.
The defendant - who was 13 at the time of his arrest and has name suppression - pleaded not guilty to the murder charge in June.
A murder trial started in front of Justice Robert Osborne in the High Court at Dunedin on Wednesday, with the defence and prosecutor giving their opening remarks.
The defence said the boy acted in self defence against a bigger, older teenager he thought wanted to "bash" him.
Crown prosecutor Richard Smith said the victim might have made derogatory comments, but it was the defendant who walked back, drew a large kitchen knife and pursued him, before making two attempts to stab him.
The second swing hit and the blade went in 10-12 centimetres, going through the victim's abdominal muscles, stomach, a large vein central to the body and the tissue near the spine, causing large internal bleeding, he said
The scene of the stabbing in central Dunedin. Photo: RNZ / Tess Brunton
The Crown made the case that the 14-year-old was not acting in self defence, but Smith said if the jury decided it was, the Crown argued he did not use reasonable force.
He said CCTV showed that after the defendant walked past the victim at the bus stop, he gave him the middle finger, turning around and walking back towards the victim.
They squared off, both challenging each other, with witnesses hearing one or both of them ask if 'they want a go', before the defendant drew the large kitchen knife, brandishing it and coming closer, Smith said.
Both the defence and prosecution said Taana-McLaren kicked out, hitting the boy on the side of the head.
Smith said the defendant swung the knife, missing before pursuing him into the middle of the road and swinging again, hitting Taana-McLaren in the abdomen.
The defendant initiated the confrontation, chose to pursue the victim with a knife and made another attempt to stab him after a failed first attempt, Smith said.
"There was no need for the defendant to even walk back towards Enere, let alone resort to the use of the knife."
In her opening remarks, defence lawyer Anne Stevens KC said her client was trying to protect himself against a bigger, older teenager he thought wanted to hurt him, not harm anyone else when he swung the knife.
The defendant had PTSD from being assaulted by older boys a year prior and was carrying a knife to protect himself as it made him feel safer, she said.
"(The defendant) is not a pre-meditated, intentional killer, but a scared child who regularly sneaks a knife from... his parent's kitchen draw before he goes out to make himself feel safe."
On the day, she said Taana-McLaren became focused on the defendant after he got off the bus and as he walked past said to him: "Pull your socks down, bitch boy."
When he continued to walk and flipped him the middle finger, she said this was treated as a challenge by the older boy who called him a "sackless c**t" and threatened to hurt him.
It was then the defendant said he did not know the teenager and questioned what his problem with him was, before the older teenager dropped his bag and walked over, Stevens said.
She said the defendant stepped backward before Taana-McLaren flexed his hands, saying: "Wanna fight? Wanna fight?"
When the defendant took off his bag, the older teenager asked what he had it in. When the defendant said he had a knife in there, Stevens said Taana-McLaren said he would get it out.
She said the defendant got the knife out and received a roundhouse kick to the head before he chased the older teenager, swinging the knife in an attempt to stop him from hurting him.
The second swing stabbed Taana-McLaren.
It had only been 60 seconds since he got off the bus, Stevens said.
He was a scared child who thought the older teenager planned to hurt him and tried to protect himself, she said.
"He was a child, as defined by New Zealand law."
Justice Robert Osborne asked the jury to keep an open mind and not to draw conclusions before they had heard all of the evidence.
The trial is expected to run for three and a half weeks.
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