Whangārei courtroom erupts as one brother found guilty of murder while his brother is found not guilty

A forensic team at the scene of an alleged murder in Bank St, Whangārei, on June 13, 2021, where 23-year-old Haze Peihopa died during a violent clash. Photo / NZME

Family members of two brothers accused of murder had to be cleared from court as a High Court jury delivered its verdicts in the case today.

The brothers, from Whangārei, aged 21 and 17 at the time of the incident, pleaded not guilty when their trial started last Monday to murdering 23-year-old Haze Angelo Peihopa during a violent clash on Bank St at midnight on June 12 last year.

The older brother also pleaded not guilty to a charge of assault with intent to injure using a knife after he repeatedly swung it at another man during the street fight where Peihopa was killed. The younger brother pleaded guilty at the start of the trial to a charge of injuring Peihopa with intent to injure after he kicked him in the head while he was on the floor after being stabbed.

The jury retired to consider its verdicts at 11.20am on Friday and returned about 12.15pm on Monday to deliver them.

Before the jury returned to the courtroom though Justice Timothy Brewer reminded those in court not to make any outbursts as the verdicts were delivered and asked anybody who thought they may not be able to contain themselves to leave. One man did, which the judge said was a courageous thing to do.

The judge said if there were any outbursts, similar to the start of the trial - when an altercation between family members on both sides of a murder trial saw the jury having to be taken out of the courtroom while security guards had to step in between the two sides - he would clear them from the gallery.

However, after the jury delivered a verdict of guilty to murder for the older brother and a not guilty verdict for murder and manslaughter against the younger brother, some of their family in the court erupted, yelling support to the older brother.

Many of the 10-12 strong family group stood up and started going towards the dock where the brothers were standing. Cries of “love you son”, “kia kaha”, “love you king”, “be strong boy” and “solid bro” drowned out crying from others in the public gallery.

Up to 10 court security staff and police officers then ushered the family members out of the court while the judge and jury left the room. Family members of Peihopa were allowed to stay as they had not been involved in the outburst.

After the courtroom was cleared of the family members - and a break to allow the jury members to recover from any upset they felt after the outbreak - the jury came back to deliver its third verdict, finding the older brother guilty of the assault with intent to injure charge.

Justice Brewer thanked the jury and said while he did not normally comment on a jury's decision, if he had been among them he would have come to the same verdicts.

The older brother was remanded in custody for sentencing on February 2, next year, while the younger brother was granted bail for sentencing on the same date for the charge of injuring Peihopa with intent to injure he was found guilty of.

Interim name suppression will remain in place for the brothers until at least sentencing.