Teen admits violent attack while on bail for serious assault charges

Blessing of the scene where Kelly Donner died on the night of March 4. A teen was today jailed for being involved in an attack on Donner moments before an accomplice stabbed the man. Photo / File

A 17-year-old youth jailed for assaulting a man killed by a fellow teenager was on bail for other violent offending at the time.

Eastlee Harmer-Gemmell, of Flaxmere, was aged 16 and facing unrelated charges of injuring with intent to injure and theft when he took part in an attack on 40-year-old Kelly Donner on March 4, it was revealed in Napier District Court today.

Rough sleeper Kelly Donner was fatally stabbed near the Flaxmere Tavern in March. Photo / Supplied

Harmer-Gemmell was sentenced to four years and two months' today jail by Judge Bridget Mackintosh, six days after 14-year-old Haami Hanara was found guilty of murdering Donner in a stabbing which ended the attack Harmer-Gemmell had also taken part in.

Harmer-Gemmell had pleaded guilty to both charges, and in relation to the attack on Donner charges of intentionally causing grievous bodily harm and burglary of the Flax Bar and Grill compound outside which the man died in a pool of blood.

Harmer-Gemmell was one of four others aged 16 or under who were charged in the Youth Court, from which he was sent to the District Court to be sentenced as an adult offender.

Donner was bombarded with stones, blocks of concrete, bottles and wood, and punched and stomped while on the ground during the assault, which developed after the group of teens on a night out stealing came across their eventual victim who was looking for cigarette butts around the bar complex, otherwise known as the Flaxmere Tavern.

Crown prosecutor Steve Manning noted both the assault and the previous offence, which happened on February 17 and included the theft of a phone, involved stomping and kicks to the head.

Judge Mackintosh said there was no suggestion Harmer-Gemmell took part in the murder but he attacked Donner when he was vulnerable and on the ground.

She declined defence counsel Kirsten Monk's application for permanent suppression of Harmer-Gemmell's name.