Borrell murder: Police did not oppose bail

Police did not bother to oppose bail when Haiden Davis appeared on serious charges in the lead-up to Augustine Borrell's murder.

Police Minister Judith Collins was last night forced to back down and admit police had not opposed Davis' bail, after spending the day defending them by saying they had.

Davis had amassed a dozen criminal convictions and was on bail for aggravated assault and theft when he stabbed Borrell to death in Herne Bay in September 2007. He was jailed for life on Monday.

Ms Collins originally said that police had opposed bail but it was granted by the courts.

Ms Collins said she had based this on initial advice given to her by police, but she was later given a different explanation by Police Commissioner Howard Broad.

Ms Collins said the new information led her to ask Mr Broad for a report that police had followed correct procedures with Davis' bail.

Ms Collins said Mr Broad had told her the aggravated assault Davis committed in June 2007 was a "bag snatch" and "kick in the shins". Ms Collins said Davis was released on "police bail".

Ms Collins said Mr Broad had told her that in the circumstances, some officers would have given bail, while some would not: "It's a 50-50 call, that's what he's saying," she said.

Ms Collins said the confusion had arisen because when police initially told her they had opposed bail, they were referring to when Davis was released after the murder.

Ms Collins said Mr Broad had given her assurances police had monitored Davis correctly while on bail.

"It's that first decision that seems to unfortunately have been proven somewhat fatal," Ms Collins said.

Ms Collins said the fact that Davis got bail, despite police opposition, showed any opposition for the aggravated assault would have probably been overturned.

"I can't demand the police can do anything in terms of individual cases but I certainly can ask for a report on how that decision came about and whether it was the right decision."

While on bail for the aggravated assault, Davis' bail was not revoked despite a breach where he failed to turn up to court on another charge of wilful damage.

Prime Minister John Key said this was "unacceptable".

"This is why we wanted to change the bail laws. [Davis was] in breach of his bail conditions on two occasions but went on to murder someone - now that is unacceptable."

National amended the bail law just before Christmas to say that bail will not be given if there is any risk to the public, rather than the more qualified "real or substantial risk" that Labour had.

Mr Key said while he could not be absolutely sure, "I'm fairly confident that Haiden Davis would not have got bail under the new legislation."

Labour leader Phil Goff said Davis being left free on bail before the murder was a failure of the justice system.

Mr Goff said Davis not being held to account for his bail conditions "led to a tragedy that shouldn't have happened".