Courts set no curfew for boy's murderer

Two judges failed to impose a bail curfew on Haiden Davis and police did not oppose bail on three occasions - including one court appearance just days before Augustine Borrell was murdered.

The teenage Davis had amassed a dozen criminal convictions and was on bail for aggravated robbery on the night Augustine was fatally stabbed in September 2007.

Soon after Davis was found guilty of murder, Augustine's father, Charlie Borrell, said it was disappointing to learn Davis was "almost running wild" while on bail.

"If the bail system was working correctly my son could still be alive. He was on bail pending sentencing on a violent offence at the time of committing the ultimate crime," he said.

"All I want to see is the system being fixed before further deaths occur."

Now Herald inquiries can reveal two District Court judges did not impose bail conditions on Davis, then 18, when charged with aggravated robbery in the months before Augustine's death. Normally, conditions would include a curfew and a non-association order with the victim.

At the same court appearances, police did not oppose bail on three occasions in the months after the aggravated robbery in June 2007.

Davis was bailed without any conditions by the Auckland District Court registrar on June 14.

A warrant for his arrest was issued when he failed to appear in court on June 29. But police did not oppose bail and Judge Emma Aitken again released him on August 7.

A few weeks later Davis was charged with wilful damage after throwing a bottle at a car on Karangahape Rd. Again police did not oppose bail and Judge Paul Gittos released him on September 4.

Neither Judge Gittos nor Judge Aitken imposed a curfew on Davis.

Four days later, Augustine was killed in a post-party brawl with Davis in the upmarket suburb of Herne Bay.

While in custody on the murder charge, Davis pleaded guilty to an amended charge of aggravated assault and theft for the June attack.

On November 8, 2007, Judge Gittos sentenced him to six months' imprisonment. But all details were suppressed until the murder trial was completed.

Justice Rhys Harrison lifted the suppressions when Davis was found guilty of murder on Monday, and then in an unusual step immediately sentenced him to life imprisonment.

A minimum non-parole period of 10 years was imposed.

Before the aggravated robbery, Davis had already amassed a dozen charges including stealing cars, shoplifting, drink-driving, driving while disqualified, wilful damage - and three bail breaches.

Police Minister Judith Collins has asked Commissioner Howard Broad for a report asking if police followed correct procedures in not opposing bail. Mr Broad has told her that opposing bail was a "50-50 call".

National amended the bail law late last year to say bail will not be granted if there is any risk to the public.