Brent and Mona Dudley talk about their son Stephen. Credit: Michael Craig
No further action will be taken against the teen brothers involved in the death of West Auckland schoolboy Stephen Dudley, despite a coroner ruling they were directly responsible.
And the Weekend Herald can reveal that following the inquest a top cop ordered a full review of the handling of thecase to ensure everything that could be done for the slain teen and his family, had been done.
Stephen Eruwera Dudley died on June 6, 2013 after he was punched repeatedly by two brothers at a West Auckland rugby field.
Stephen Dudley died after he was assaulted at rugby practice in June 2013. Photograph supplied
The 15-year-old suffered cardiac arrhythmia during the assault and despite frantic attempts to revive him, he was pronounced dead on arrival at Auckland Hospital.
The teenage brothers were initially charged with manslaughter.
But after medical examinations revealed Stephen had an undiagnosed heart condition, the Crown withdrew the charge - saying it could not be determined whether the assault contributed to Stephen's death.
In 2014 the brothers pleaded guilty to a reduced charge of common assault, were both discharged without conviction and granted permanent name suppression.
An inquest was held into Stephen's death last year and Coroner Gordon Matenga found that while the teen may have had an underlying heart condition, his death was the direct result of "stress associated with physical assault".
The Dudleys then wrote to the Crown asking them to again pursue a manslaughter charge.
The Crown rejected that request meaning no further action will be taken against the boys who attacked Stephen.
Brent Mona Dudley spoke to the Weekend Herald from their Northland home this week. New Zealand Herald photograph by Michael Craig
After the inquest Waitemata District Commander Superintendent Tusha Penny ordered a full review of the police handling of the case.
Police investigate crimes, but the Crown is solely tasked with prosecuting those charged in court.
Penny told the Weekend Herald she was satisfied there was nothing else she or her team could do for the Dudley family.
"I am a district commander but first and foremost I am a mother of two teenagers and I can only imagine the pain Stephen Dudley's parents are feeling," Penny said.
"Whenever a parent buries a child it is a tragedy and I believe in the saying that there is no stronger person in this world than a grieving parent who manages to get out of bed every day."
Penny requested the review because she "wanted to ensure there were no other legal avenues for police to follow and to make sure the right decisions had been made by police."
She said there was nothing in the coroner's findings that constituted new information or avenues of investigation not previously considered.
Superintendent Tusha Penny, District Commander for Waitemata Police. New Zealand Herald Photograph by Mark Mitch
"There is no course of action available for the Crown to file any further charges in relation to Stephen's death and they informed the Dudleys' legal counsel of this decision in the latter half of this year," Penny explained.
She said police originally filed manslaughter charges against the brothers "in good faith" and based on information available at the time.
"In this case the Crown reconsidered the charges based on further medical evidence that became available after the manslaughter charges were filed."
Penny said police could not simply charge a person based on a coroner's findings.
"The burden of proof in a coroner's court is 'on the balance of probabilities'," she said.
"The standard of proof in a criminal court is the much higher standard of "beyond reasonable doubt" and that is the standard that the police and Crown are required to establish in prosecuting any criminal cases."
Despite the legal position, Penny said she felt for the Dudley family.
"We acknowledge that this is not the news the family wanted to hear and our thoughts remain with them as they continue to grieve the loss of a much loved and cherished son.
"I have extended an open invitation for Stephen's parents to meet with me, if and when they feel ready to do so," she said.
The Crown refused to answer specific questions around the decision and referred the Weekend Herald to the letter it sent the Dudley family in August.
