Legal experts say new charge possible

Legal experts say that police could charge a teenager over the death of West Auckland schoolboy Stephen Dudley.

Stephen, 15, died on June 6, 2013 after he was punched repeatedly by two teenage brothers at a West Auckland rugby field.

After a coroner’s report was released yesterday ruling the actions of the older of the brothers was “the most significant factor” in Stephen’s death, his family revealed that they would ask the Solicitor-General to review the case.

They hope to have a new manslaughter charge laid against the teenager.

He, and his younger brother, were initially charged with manslaughter but the Crown withdrew the charges and he pleaded guilty to a lesser count of assault with intent to injure. The younger brother pleaded guilty to assault.

While double jeopardy rules exist in the New Zealand legal system, the fact no one had been tried for manslaughter meant a new charge should be able to be laid.

Retired District Court Judge Roy Wade said the Dudley’s wish should not be too hard to grant.

“Provided the manslaughter charge was withdrawn and not dismissed, the Crown should be able to relay it without too much difficulty,” he said. “There is no time limit involved”. AUT law professor Warren Brookbanks said the coroner’s findings “did not bind the police to a further investigation” which may result in new charges.

“In deciding whether to lay a fresh charge the prosecuting authorities would be guided by the test for prosecution — that is whether the available evidence is sufficient to provide a reasonable prospect of conviction and whether the prosecution is required in the public interest”.