Jury finds attackers guilty

A jury of 12 have found Jack Simon Ake and Derek Michael Drewery guilty of being involved in a ‘horrific attack' on a Te Puna family.

It took the jury less than three hours to find Ake, 52, guilty of wounding with intent to injure and assault with a weapon and Drewery, 27, guilty of assault this afternoon.

Police in the driveway of the Duncan's home where windows of cars were left smashed in the attack.

The pair have been on trial since Monday for the attack on a Te Puna family in November 2012.

Two others – Jasmine Borrell, 25, and Rihari Borrell, 28, - were earlier facing trial. But Rihari was discharged on all charges and released due to a lack of evidence, while Jasmine pleaded guilty to two counts of assault and was remanded on bail for sentencing on October 14.

During the trial the court heard how Andrew Duncan's sons and their friends were socialising in the shed of the Te Puna Road home when a car carrying Jasmine Borrell and Derek Drewery pulled into the property asking about a guy named Daniel.

Things got a bit heated and Jasmine and Drewery ended up in an altercation with the others at the property.

By this time Andrew was asleep and woke to a loud noise and his son yelling 'Dad, they're attacking us”.

He grabbed a piece of wood and his dog before exciting his garage to see what was happening.

By the time he got outside the carload had left.

About 15 minutes later, as the Duncans were waiting for police to arrive, two cars pulled into the driveway and about 10-15 people piled out.

Andrew walked out his front door to confront the crowd and tell them to leave when a fight broke out and ‘chaos' ensued.

During his evidence statement on Tuesday, Andrew described getting into an altercation with a man with a bat before being knocked unconscious with spade.

'I remember the ground rushing towards me and the next thing I remember was standing next to my son who had my shotgun.” Read more from Andrew here.

Andrew's son Kevin grabbed his Dad's shotgun and fired warning shots into the air to disperse the crowd.

The crowd eventually left and the Duncans retreated to the safety of their home to wait for police.

In summing up the Crown told the jury witness statements placed both Ake and Drewery at the scene and they had been identified out photos of suspects.

But the defence said the environment in which the attack took place in was not conducive to allow positive identification and that they were mistaken about Ake and Drewery's identity.

After weighing up evidence from both the Crown and defence, the jury of 12 delivered guilty verdicts for both men just after 1.30pm.

Drewery was remanded on bail for sentencing on October 14.

Ake applied for bail but was refused by Judge Christopher Harding based on his past offending and the fact a 'prison sentence was inevitable”.

'It seems you had a leading part in this substantial and horrific attack and to be remanded on bail would be inappropriate,” said Judge Harding as Ake stood in the dock.

Ake was remanded in custody for sentencing on the same day.

As Drewery left the courthouse he was heard threatening the family.

'Watch your kids, you need to watch your kids, eh.”

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3 comments

Thanks goodness

Posted on 28-08-2014 16:07 | By Clover Green

This kind of mob mentality is not something we want in our community. I hope the sentencing reflects the seriousness of the crime


Justice system ?

Posted on 29-08-2014 06:25 | By milka

He left the court house threatening the family. Shouldn't this be a breach of bail conditions???


Threaten the kids?

Posted on 29-08-2014 10:40 | By YOGI BEAR

This shocking, has this guy figured the problem yet, what a low life, throw away the key.


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