A High Court murder trial witness had to be calmed by the judge yesterday when he began yelling as he gave evidence against his brother.
Warren Daken became worked up in court in Christchurch as he testified in the trial of his brother Patrick Allan Daken, who is charged with
murdering their younger brother Kelly Paul Daken in June last year.
Warren Daken became agitated when asked about a fatal fight at the family home in Port Levy, 45km southeast of Christchurch.
He stood and began yelling, until Justice Graham Panckhurst urged him to calm down and have a drink of water.
When the trial began earlier in the day, Patrick Daken's legal team claimed it was a case of self-defence.
The Crown said the fatal stabbing was an over-reaction to an attack that caused few injuries.
Warren Daken told the court he had disarmed Kelly after he attacked Patrick with a poker. Kelly first struck Patrick on the thighs, kneecaps and shoulder, then tried to choke him.
Warren Daken said he pulled Kelly away and told him to "cut it out", but the pair were still "going at each other" when he went outside to phone the police.
When he went back inside, the accused was kicking Kelly and spitting on his face. His knife was on the table, covered in blood.
The trial is continuing.
- NZPA
