Hemmings killed after stepping into argument, court told

Austin Hemmings was fatally stabbed after he went to the aid of a woman who was being attacked. Photo / Supplied

Austin Hemmings stepped between a man and a woman arguing in the lobby of an Auckland CBD building before being stabbed and staggering a short way along a lane, police prosecutors say.

Prosecutor Kevin Glubb opened the case for the Crown against Pauesi Brown at his deposition hearing at Auckland District Court this morning.

Brown is accused of murdering Austin Hemmings in September last year after allegedly confronting a woman in the lobby.

Mr Glubb said a woman, who cannot be named, was working at an inner-city call centre and was on a cigarette break when she was confronted by the former partner of her friend.

"The defendant believed [Ms N] had been talking about him behind his back and took exception and intended to have it out with her," Mr Glubb said.

As Ms N backed away from Brown Mr Hemmings approached the pair and asked what was happening.

"The defendant said: none of your business. Clearly Mr Hemmings sensed there was danger and stepped between the defendant and [Ms N]," Mr Glubb said.

He said Mr Hemmings told Ms N to run. Ms N then told the person she was talking to on her cell phone to call the police.

Mr Glubb then said Ms N got to the elevator and looked back to see Brown pull up his jersey with his left hand and saw a knife tucked into his jeans before he made a "fast thrusting forward motion towards Mr Hemmings" with his right hand.

He said Brown then approached Ms N and punched her in the face twice before swinging at her stomach with his knife but missed.

Mr Hemmings stumbled out of the building along Mills Lane towards the intersection with Swanson St. He collapsed outside a medical centre where he got immediate help but could not be saved.

Mr Glubb said when police arrived at Brown's house to arrest him, Brown said: "How did you find me so fast?"

Mrs N told the court she was related to Brown but only met him when her friend began seeing Brown.

She said she saw Brown on the footpath at the back of her building when she was on a break and waved to him while talking on her cell phone.

"He walked up to the kerbing and he was kicking at a stone, going around in a circle"

Ms N continued on her phone until Brown approached her again.

"He started saying: What have you been saying about my family?"

She said he was angry, demanding and assertive.

Ms N said Brown was "right up in my face" and she was "scared" as she backed away, Brown kept coming at her.

"There was a blue wall behind me and I didn't want to get trapped between him and the wall."

Ms N said she was trying to sidestep Brown but he kept coming at her
and looked aggressive.

She saw a figure out of the corner of her eye and called out.

"Sir, can you please help me, can you call the police?," Ms N said.

She said the man, who later turned out to be Mr Hemmings intervened
and asked what was happening.

"[Brown] said none of your business, it's got nothing to do with you,"
Ms N said.

She said Mr Hemmings put himself between her and Brown.

"Austin's back was a centimetre or two away from me and the same for [Brown]"

She said she then began "tugging" Mr Hemmings by the shirt "because I
thought it might get violent and I didn't want him to get hurt,"

"He then turned to me and said to run so I ran," Ms N said.

Ms N said she was still on her cell phone to a friend and told him to "call the cops."

"He was saying to me, what's wrong, I just kept telling him to call the cops"

Ms N said she headed for the elevators of her building and turned to see Brown coming at her "walking very quickly towards me".

Ms N said Brown lifted his jumper and she saw the handle of a knife sticking out of his jeans.

"He turned and then went towards Austin," she said.

Ms N said Mr Hemmings had entered the building and was about 10 metres away before Brown approached him.

"I saw his left hand pull up his left side of his jumper as he did when facing me. I saw his right hand reach in and a movement of his right hand come down towards his waist and a really quick microsecond he thrusted really quickly and because I had seen the handle of the knife I realised he had stabbed Austin," Ms N said.

She said she screamed and heard the noise of the elevator. She got in and pressed a button but just as the doors were closing, Brown got into the elevator.

"He put his right arm against my throat"

She said he put her right leg through the door-way so the elevator doors would not close.

"I was scared about what he was doing,"

She said Brown had his forearm against her throat and was pressing with all his body weight.

Ms N said Brown had the knife in his left hand and punched her in the face twice.

She said Brown then swung with his knife at her stomach, missing her by "a few centremetres".

Asked about the "swing", Ms N said it was "similar to the way he stabbed Austin, very quick, with full force".

She said she pushed him away but Brown grabbed her work swipe card and her house keys that were on a cord around her neck which left a "deep red mark".

Ms N said Brown ran towards the carpark and she went up to level two.

Brown's lawyer Barry Hart said some evidence given by Ms N would be
challenged and he has asked the Justices of the Peace to suppress the evidence.

The hearing has been set down for two days before Justices of the Peace Pat Samson and Elaine Utting.