Poker attack, threat described at murder hearing

A man found stabbed to death in a Banks Peninsula house had earlier attacked his brother with a poker and threatened to kill him, a witness told a court today.

The witness also told the Christchurch District Court depositions hearing that after the stabbing, Patrick Allan Daken yelled that he had stuck his brother "like a pig" and spat on and kicked Kelly Paul Daken as he lay dying.

Patrick Daken, a 41-year-old bushman, is charged with the murder of his brother, at a hearing where the crown will present evidence from 26 witnesses.

Crown prosecutor Tim Mackenzie said the death at the Daken family home in the Banks Peninsula settlement of Port Levy on June 10 arose from a family dispute.

"There had been a bit of trouble in the Daken family for some time to do with Patrick Daken and his behaviour, and other family. There was some issue over the property itself at Port Levy."

Patrick was Kelly's older brother. Patrick lived at the family property in Pa Road, Port Levy, while Kelly lived at a flat in Linwood, Christchurch.

Kelly was going to Port Levy that evening and bought groceries to take over along with carrots for the horses that Patrick was keeping on the property.

"Kelly Daken was frustrated with his brother and wanted to confront his brother and bring things to a head and sort it out."

An argument developed between the brothers when Kelly arrived after 7pm.

Another brother Warren Daken gave his evidence to the court, having to stop once to compose himself as he described the scene and calling for a family member to bring him painkillers for an injured leg.

He told of Kelly arriving at the house and then "eyeballing" Patrick and saying he was going to kill him. Kelly then attacked Patrick with the poker, hitting him on the body and upper arm. Warren took the poker off him and threw it on the sofa. He then pulled Kelly back as he tried to choke his brother. He could not break up the fight again as the brothers "went for it".

He went outside to find a telephone to call the police. He then heard Patrick yelling, "I have just killed him", as he washed the blood off his hands at an outside tap.

He went back inside to find Kelly lying on the floor "after he slit his throat with a pocket knife". Patrick spat at Kelly, abused him and kicked the fallen man in the chest, belly, and groin.

Kelly's eyes were rolling up and down in his head as he was kicked. He saw the pocket knife that Patrick carried, lying on the table covered in blood.

A knife and a badly bent poker have been shown as exhibits in court.

The hearing, before John O'Hara and Bruce Dawson, Justices of the Peace, is expected to take several days.

News Added: 24 November, 2008

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