The shattering of innocence

Tristan Papuni's courage cost him his life. Photo / Supplied

During long sunny afternoons on the East Coast, Triston Papuni would spend hours perfecting his moonwalk.

Like the eponymous character from Boy, he idolised Michael Jackson and would teach his young cousins the King of Pop's signature backslide and "crotch grab" moves.

And like Boy, Triston will always remain 11 years old in the memories of those who knew him.

His idyllic childhood growing up in one of New Zealand's most remote spots was shattered on July 17 last year.

Tiring of the constant bullying while holidaying at an uncle's house, Triston stood up for himself and called his much bigger 12-year-old cousin an "asshole".

The cousin, a keen pig hunter, loaded his father's semi-automatic SKS rifle and poked Triston with the muzzle before pulling the trigger once.

The bullet entered Triston's left shoulder, destroying his windpipe, before exiting in front of his right armpit. He died almost instantly.

It took three hours for police to reach the home at an isolated farm, by which time the scene had been cleaned up - and the cousin's father had concocted a "crook" story.

The 12-year-old, and a 17-year-old relation who witnessed the event, were instructed by the younger boy's father to lie about what happened.

Triston's aunt, Linda Papuni, said from the moment they received the pathologist's report they knew the story was fabricated.

"As the news filtered out to the family, in deep shock and disbelief, we began 18 months where society - Maori and Pakeha - said we had to keep quiet," Linda says.

"We sat in disbelief at the tangi as speakers asked us to leave this death on the marae. 'Let it end here,' they said, where our boy's killer flaunted his presence in front of us, where the rumour of suicide was the undercurrent of Triston's burial."

She said the fact that the father and son had remained in the community since the killing, had been a "torment" to the rest of Triston's family.

The contrast between the two boys could not have been greater.

Triston, who lived in Anaura Bay, 75km north of Gisborne, was described by Justice Millar in the Gisborne High Court this week as "a vital, intelligent boy, fully engaged with life".

He was bilingual, clever and "always up for a challenge".

His cousin, who can't be identified due to a court order, was "cunning", say police.

He had a history of bullying and once chased a pupil around school with a fence baton.

After the 17-year-old witness recanted his initial statement, the boy refused to answer police questions, under instruction from his lawyer. Crown Prosecutor Russell Collins agonised for months before laying a charge of murder - making the boy the youngest to be charged in this country.

In 22 years of criminal law, it was the hardest decision he has had to make.

"In the absence of an innocent explanation, it left the Crown with no other option," he said.

Under New Zealand law, a child as young as 10 can be charged with murder or manslaughter. To convict of murder, the court must prove the child recognised right and wrong.

Collins added: "It wasn't going to do anyone any good to go through a murder trial, especially the victim's family."

Detective Sergeant Theo Akroyd said the father, with whom he attended school, might have got away with it if the pathologist's report had matched the account. "We would like to think that we would have got to the bottom of it all but you never say never," he said.

Akroyd said despite the boy's age he had to be treated like any other suspect.

"We had to treat things black and white but there is always that emotional attachment because it's a young person.

"Always in the back of your mind you are thinking 'surely he didn't mean to do that'. That's something that we had to put to one side."

Linda Papuni said extended family from Australia and New Zealand returned to support the family this week.

Anaura Bay, where Triston lived and is buried, was the "centre of our universe", she said. "All of our babies are baptised there, all of our weddings are there, all of our burials are there. It's a commitment to the home and the whanau."

Linda said Triston's parents, Leanne and Thomas, and elder brother Beaudean are taking an extended break from the East Coast as they try to put a hellish 18 months behind them.