A teenager found guilty of killing a west Auckland shopkeeper has lost his attempt to keep his name secret.
However, media are still prevented from publishing his name until his sentencing on Friday.
It comes as the family of Arun Kumar, who was stabbed in the neck at the Railside Dairy in Henderson on June 10 last year, said they would not attend his killer's sentencing in boycott of a justice system they said had failed the family.
"We see no point in attending the sentencing because we know that justice will never be done," Mr Kumar's daughter Sheenal said today.
"Despite full CCTV footage, the use of weapons and witness testimony, our justice system came up with manslaughter for one and the other walked free. We do not want to support injustice and therefore there is no point in attending."
A 14-year-old boy who stabbed Mr Kumar was found guilty of his manslaughter, but cleared of his murder. His 13-year-old co-defendant was cleared of manslaughter.
This morning, a name suppression hearing was heard before Justice Graham Lang, who appeared via video-link from Gisborne Court, in the High Court at Auckland.
After hearing submissions from the Crown, defence lawyers for the two teens, and counsel representing the media - who argued against name suppression - Justice Lang ruled the 14-year-old's name should be made public after his sentencing in two day's time.
Lawyer Tania Goatley, representing the media, said the court had a presumption in favour of open justice and the public had a right to know the identity of perpetrators of serious crimes.
"The media are not required to establish that publication would achieve anything. It is for the defendant to establish that there's something about their circumstances that would give rise to extreme hardship."
The 14-year-old did not have "an unusual or special case", she said, and his age in itself was not a reason for name suppression.
Arguments on behalf of the boy, from defence lawyer Maria Pecotic, cannot be reported.
Justice Lang ruled in favour of lifting name suppression, saying the boy's name could be made public at his sentencing. However, he said he would not allow photography or filming of the teenager in court, or any identifying images to be published.
In relation to the younger boy, he said his preliminary view was that he should be subject to a permanent name suppression order.
"The fact he was acquitted is a significant issue, coupled with his young age," he said.
Ms Pecotic said she would appeal the suppression decision.
At their trial, there was no dispute the 14-year-old stabbed Mr Kumar in the neck, inflicting the fatal wound, or that the 13-year-old was standing outside with a metal pole.
The jury heard the boys' original idea was to break into a nearby shoe shop, but changed their mind at the last minute and decided to target the dairy.
CCTV footage from inside the shop shows Mr Kumar's wife Anita walking in with a phone to call police. The 14-year-old swipes it out of her hand and immediately draws a knife. He backs the dairy owner towards the till at knifepoint and, when the man attempts to force him back, slashes and stabs at him with the knife.
When Mrs Kumar returns, having raised the alarm at a neighbouring business, the pair can be seen scuffling near the doorway and the teen plunges the knife into her husband's neck.
Seconds later, he runs off as Mr Kumar collapses on the floor.
Mr Kumar's family today said they would not attend Friday's sentencing, saying their faith in the justice system had been "shattered" by the trial.
"We had a good chance to set a precedent for other youth walking our streets with weapons and committing similar crimes. Unfortunately this did not happen," said Ms Kumar.
"The last thing we wanted was for Dad's death to be in vain. Unfortunately this has happened."
The justice system was skewed in favour of the criminals, and not their victims, she said.
The family now felt "like idiots" and said Mr Kumar had been "insignificant" in court compared to the accused, who they believed were treated as "victims".
The 14-year-old is one of about 10 children. It is understood his mother gave birth to her youngest child weeks before the end of the trial.
A source close to the family previously told NZME News Service the children had a tough upbringing and most had been in and out of Child, Youth and Family care.
