NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
    • The Great NZ Road Trip
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • Deloitte Fast 50
    • Generate wealth weekly
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / New Zealand

Appeal dismissed for man's brutal axe attack on fishermen at Ti Point Wharf

Melissa Nightingale
Melissa Nightingale
Senior Reporter, NZ Herald - Wellington·NZ Herald·
30 Aug, 2018 08:11 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save
    Share this article
Neither of the victims have ventured back to Ti Point Wharf - one of their favourite fishing spots - since the attack. Photo / Michael Craig

Neither of the victims have ventured back to Ti Point Wharf - one of their favourite fishing spots - since the attack. Photo / Michael Craig

A man who savagely attacked two Korean fishermen with an axe has had an appeal against his conviction dismissed.

Shaun David Austin, 37, was found guilty after a trial in the Auckland District Court last year, after running a defence that he simply wasn't present at the time of the attack.

But Austin argued in the Court of Appeal in July that his lawyer, Jo Wickliffe, pushed him into that defence, and that he actually was present at the incident but was not responsible for the assaults and robbery.

Read more: Man jailed for axe attack claims lawyer told him to 'shut up and just let her do her job'
Brothers jailed for savage axe attack on Korean fishermen

A recently-released decision from the Court of Appeal said this wasn't true, and that Austin only told his lawyer of the alternative story after trial and conviction.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The court decision said Wickliffe was a "professional, determined and empathetic counsel" who did her best with a client who was hard to deal with.

Following conviction, Austin hand-wrote a letter saying that he had been in the area when the attack took place. He sent it to a police detective, probation services and Wickliffe.

Austin argued he told Wickliffe this story before the beginning of his trial, but the Court of Appeal did not believe his evidence.

Advertisement
Advertise with NZME.

"We are satisfied Ms Wickliffe defended Mr Shaun Austin in accordance with his instructions and it was only after he was convicted that he produced his alternative account," the decision read.

Notes taken by Wickliffe in a meeting with Austin after his conviction reveal their discussion about his sudden change in account.

M: You saying you were there now?

S: Yes.

Discover more

New Zealand

Savage axe attack slashes fishermen

03 Apr 04:00 PM
New Zealand

Man in court over axe attack

09 Apr 02:32 AM
New Zealand

Brothers jailed for savage axe attack

22 Aug 06:00 AM
New Zealand

Axe attacker criticises his former lawyer's strategy

25 Jul 01:11 AM

M: Ran it on basis not there - can't do much now w what happened.

Wickliffe notes show she explained to Austin that given the trial was run on an "I wasn't there" defence, he could not dispute what happened during the attack.

Austin also claimed in his appeal he wanted to give evidence during the trial, to tell his side of the story, but was pressured not to take the stand.

Wickliffe admitted warning him against taking the stand in court, but said that was because of his "highly agitated" state.

"After the way he had conducted himself in the courtroom I was concerned about him giving evidence.

"I talked to him in almost every adjournment because of the way he was conducting himself, the battles I was having with security, and his focus on his partner.

Advertisement
Advertise with NZME.

"I've set it out in my affidavit and I'll say it again. From the moment he sat down in the dock and his partner sat behind him, he was talking to her, whispering to her.

"Security was having to tell him to face the front. I can barely remember him facing the front the whole time.

"His whole focus was on connecting with Abby, and that went on the whole trial.

"Never once did he say he wasn't happy with the way I was conducting the trial."

The attack

Shaun David Austin, 37, and Robert Eric Austin, 40, were sentenced last year in the Auckland District Court for savagely beating two men who were fishing at the Ti Point Wharf on April 1, 2015.

The Korean men, both Auckland-based pharmacists, had driven their new car to one of their favourite spots for some night fishing.

Advertisement
Advertise with NZME.

In the trial, the Austin brothers were found to have attacked the men at night, with Shaun Austin demanding car keys and wallets, while he held an axe.

When the man refused, Shaun dragged him from his car and began punching and kicking his head.

After several hits, Shaun used the axe and delivered a sickening strike to the man's head, with the back of the weapon.

The court was told Shaun then uttered to his brother, "let's finish 'em off", but Robert insisted they flee the scene.

The two men survived but told the court last year they suffered ongoing medical problems, and no longer returned to their previous favourite fishing spot.

Save
    Share this article

Latest from New Zealand

New Zealand

Helicopter called to Auckland’s Piha Beach after serious water incident

24 Oct 08:27 AM
New Zealand

‘F*** you, I did not’: Man shouts at judge at sentencing for 'sadistic' sex assaults

24 Oct 07:06 AM
New Zealand

Labelling error: Salmon dip pulled from shelves nationwide

24 Oct 06:38 AM

Sponsored

Poor sight leaving kids vulnerable

22 Sep 01:23 AM
Advertisement
Advertise with NZME.

Latest from New Zealand

Helicopter called to Auckland’s Piha Beach after serious water incident
New Zealand

Helicopter called to Auckland’s Piha Beach after serious water incident

A helicopter is airlifting the patient to hospital.

24 Oct 08:27 AM
‘F*** you, I did not’: Man shouts at judge at sentencing for 'sadistic' sex assaults
New Zealand

‘F*** you, I did not’: Man shouts at judge at sentencing for 'sadistic' sex assaults

24 Oct 07:06 AM
Labelling error: Salmon dip pulled from shelves nationwide
New Zealand

Labelling error: Salmon dip pulled from shelves nationwide

24 Oct 06:38 AM


Poor sight leaving kids vulnerable
Sponsored

Poor sight leaving kids vulnerable

22 Sep 01:23 AM
NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP