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Murder-accused didn't want to rob dairy

NZ Newswire logoNZ Newswire 5/06/2015
Arun Kumar who owned the Railside Dairy in Henderson. © TVNZ Arun Kumar who owned the Railside Dairy in Henderson.

A teenager accused of murdering an Auckland dairy owner didn't want to rob the shop as the crime could change his life, a court has been told.

Two boys, both with name suppression, are on trial at the High Court in Auckland, with one boy, 14, charged with murdering 57-year-old Mr Kumar at his dairy last year, while the other, 13, is accused of manslaughter.

The older boy's friend, who's also aged 14, admitted to police that he and the younger boy slept over at his friend's place the night before the attack.

A friend of the older boy's mother, who was also sleeping over, tried to stop them from doing the robbery when they talked about it in the early hours of the morning.

When they woke up in the morning of June 10, the younger boy was trying to convince the older boy to rob the Railside Dairy, but the older boy "got a little pissed off", the friend said in his second interview with police that was played for the court on Friday.

"[The older boy] was just telling him [the younger boy] not to do it and stuff. This might change our life and stuff."

The boy walked with the pair as they headed to the dairy and heard them discussing how the older boy would pretend to stab Mr Kumar's wife Anita while the younger boy would whack her with a metal pole.

"He was just pretty much the pretender but he got left in the shop by himself," he said in his second interview with police.

The teen said the younger boy told the older to "go in hard and fast" during the robbery.

In his first interview, he said: "They said they could crack like $200 from the Railside Dairy ... [The older boy] was like `we're going to be rich'."

At the end of the first recording, the teen, who has name suppression due to his age, said: "Don't tell [the younger boy] what I told you."

The witness originally claimed he hadn't seen the pair until after the attack, but in court on Thursday, he admitted he had lied.

The prosecution says there's no dispute the two boys were at the dairy and that the older boy stabbed Mr Kumar three times, causing his death.

But lawyers for both boys say they didn't have the necessary intent to be found guilty of the charges.

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