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A TEEN’S latest appeal after stabbing a Dunedin schoolboy to death at the city’s bus hub has left the victim’s father fuming.
The Supreme Court — the nation’s highest jurisdiction — issued a judgement on Tuesday allowing the now 15-year-old, who was convicted of the manslaughter of 16-year-old Trinity College pupil Enere McLaren-Taana, leave to appeal.
Enere’s father John McLaren said the latest legal challenge was further trauma in a succession of setbacks for the family.
‘‘It’s a never-ending f...... story, isn’t it?’’ he said.
‘‘The only reason it’s gone this far is because he hasn’t got a visa, he’s not a resident and he wants to stay in our country ... I mean, the sentence itself was pitiful enough ... and then to think he’s going to stay in my country — over my f...... dead body.’’
Enere and his killer did not know one another, but had a passing encounter at the city’s bus hub on May 23, 2024.
The victim made a comment about the boy’s clothing, resulting in a stand-off on the footpath.
CCTV captured the defendant reaching into a shoulder bag and brandishing a large kitchen knife.
Enere retreated on to the roadway of Great King St, aiming a kick at his pursuer, before he was fatally stabbed.
The defendant — who was granted permanent name suppression — was initially jailed for three years three months after a jury before the High Court at Dunedin found him not guilty of murder, but guilty of manslaughter.
The Court of Appeal refused to impose a discharge without conviction, but reduced the term to two years seven months in a judgement released in May.
At a recent Parole Board hearing — at which early release was declined — there was confirmation the 15-year-old no longer had a valid visa and was eligible for deportation.
However, it was noted the family had lodged an appeal on humanitarian grounds.
The board also heard the teenager had been involved in two incidents at the youth-justice residence where he was incarcerated.
One involved him assaulting another boy and an ambulance being called.
Tuesday’s Supreme Court judgement dictated the registry should set down an ‘‘urgent’’ hearing so the appeal matter could be decided.
The issues for consideration were: whether the Court of Appeal was correct to dismiss the appeal against conviction; and whether the sentence imposed by the Court of Appeal involved an error of principle.
Mr McLaren, who was informed about the latest chapter yesterday, was staggered the legal process remained ongoing.
‘‘At the end of the day, this guy pulled out a knife in his bag and went to my son and stabbed him and killed him on the street.
‘‘There’s no doubt about it.
‘‘That’s what happened and we’re at this stage, you know, he wants an appeal to be discharged without conviction.
‘‘I can’t understand why we’re here.’’
Mr McLaren said he would travel to Wellington to attend the Supreme Court hearing.
Meanwhile, the pain of the loss of his loss was felt particularly keenly at this time of year.
‘‘Do you know what Father’s Day is like for me? It’s f...... terrible,’’ he said.
‘‘I’ve got my 60th birthday coming up this year.
‘‘I don’t want to have birthdays any more because it just reminds me one of my kids isn’t here.’’
The family had also put the unveiling of Enere’s headstone on hold while the court case remained open.
‘‘It just doesn’t feel right yet because we’ve got all this s... going on,’’ Mr McLaren said.
‘‘Justice? What justice?’’