Father blames bail system for son's murder

Augustine Borrell's parents Charlie and Agnes leave the Auckland High Court after Haiden Davis was found guilty of murdering their son. Photo / Richard Robinson

The father of murdered schoolboy Augustine Borrell has blamed the bail system for his son's death, saying his killer should have been kept under control.

Haiden Mark Davis, 20, had amassed a dozen criminal convictions and was on bail for aggravated assault and theft the night he stabbed Augustine to death.

Davis was last night found guilty of murdering 17-year-old Augustine, following a post-party brawl in the upmarket suburb of Herne Bay on the night of September 8, 2007.

He was convicted and jailed for life by Justice Rhys Harrison in the High Court at Auckland, and will serve a minimum 10 years non parole.

After the trial it was revealed that the night of the murder Davis was on bail over an aggravated assault in the same suburb where he killed Augustine, and had already breached his conditions twice.

This morning, Augustine's father Charlie Borrell said it was "quite 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."

Yesterday, Mr Borrell told the Herald it was frustrating knowing about Davis' past when the jury could not. "From what I know of the background of this case ... he has a string of other convictions as well. If the jury had known that they might not have taken as long to come to the verdict."

He said Davis pretended to be remorseful but his reaction to the verdict showed what sort of person he was.

Davis yelled f*** as he was led away from the courtroom.

Mr Borrell said Davis' reaction was like "kicking us in the head".

"It brought my daughter to tears."

He told One News: "First my son's life is taken, if that wasn't bad enough, I am getting my nose rubbed in it." He said if someone awaiting trial for murder was not closely monitored, they should not be released at all. "The law is an ass, literally an ass."

Augustine - an Auckland Grammar student - had just left a party on Hamilton Rd in Herne Bay when he ended up in a fight with Davis, who was 18 at the time.

Davis pleaded not guilty to murder and maintained the fatal stabbing was an accident.

Previous attack

While he was in custody awaiting trial, Davis pleaded guilty to aggravated assault and theft relating to another attack in Herne Bay three months earlier.

In the early hours of June 10, 2007, Davis and a group of 10 friends had targeted a 17-year-old boy walking to his car in Sentinel Rd, Herne Bay, grabbing him while another teenager stole his wallet and $350 phone.

After the victim flagged down a passing police car, Davis refused to answer police questions and was arrested. He was charged and released on bail.

Then in August, he was charged with wilful damage after throwing a bottle at a passing car. A month later, he killed Augustine.

On November 8, 2007, Judge Paul Gittos sentenced Davis to six months imprisonment, but all details were suppressed until the murder trial was finished.

Davis also had 12 previous convictions from 2006, including drink-driving, wilful damage, shoplifting offences and $13,000 in unpaid fines and reparation to the courts.

* Haiden Mark Davis

JUNE 10, 2007

Haiden Mark Davis attacks a 17-year-old in Sentinel Rd, Herne Bay, and is charged.

SEPTEMBER 8, 2007

Augustine Borrell is stabbed in the heart after a fight with Davis on Jervois Rd in Herne Bay. He dies soon after.

NOVEMBER 8, 2007

Davis is sentenced to six months in jail for the June attack, but details are suppressed until after the Augustine Borrell trial.

MARCH 23, 2009

Davis goes on trial before a jury of seven men and six women at the High Court at Auckland.

MARCH 30, 2009

Davis is found guilty of murder and sentenced to life in jail. He will have to serve a minimum term of 10 years.

- Jared Savage and Andrew Koubaridis with NZPA