Chef stabs assailant and now faces prison.

[toycollector10]

28 March 2006 By JOHN HENZELL

A group of teenagers used a baseball bat to murder a stranger within minutes of seeing him walking home, the Christchurch District Court has been told.


Christchurch accountant Trevor Clague, 43, was only a few streets from his house after a night out with friends when the carload of teenagers spotted him in Colombo Street, Sydenham.

Within minutes, the teenagers had parked their Mercedes-Benz in his path and two of them allegedly Rexon Mataese Piilua, 18, and a 16-year-old, who cannot be named because of his age got out of the car with a baseball bat.

A witness told the murder depositions hearing yesterday that the first physical contact was when Piilua raised the bat above his head and smashed it into Clague's skull. Clague fell to the footpath, fatally wounded. The teenagers fled.

Piilua faces a charge of murder after the incident on October 15 last year.

The 16-year-old and the driver of the car, Phillip Stephen Daikee, 18, are not accused of directly injuring Clague but have also been charged with his murder on the basis they were party to what Piilua allegedly did.

Prosecutor Kerryn Beaton said the three defendants, along with car owner Sam Smith and his girlfriend, Jacinda, had been driving around in Smith's Mercedes.

About 2am, they were leaving the Mobil service station in Colombo Street, Sydenham, when they spotted Clague walking south.

"None of the accused knew Clague but they saw him and decided to turn their car around, did that and parked on Colombo Street facing north," Beaton said.

"Daikee was driving the car. Piilua and (the youth) were in the back. Piilua and (the youth) got out of the vehicle, armed with a small wooden baseball bat.

"They both approached Clague and stopped in front of him. Piilua then hit Clague once in the head with one swing of the baseball bat.

"They both then ran away, got in the car and left the scene. Piilua took the bat home, and the next day, he and Daikee were involved in burning the bat.

"Clague suffered severe head injuries. He was taken to hospital but died several hours later."

Smith told the court he was in the front-passenger seat, having drunk "about 15 cans" during the night.

The first time he saw the baseball bat was when Piilua and the youth left the car and walked towards Clague. "I saw Rexon (Piilua) had some bat down by his side. The man was running and stopped and was shaking his fists. Rexon just hit him once and he fell down."

Smith demonstrated the swing as if holding the bat with both hands and swinging over his shoulder.

"(The youth) and Rexon came running back to the car. They got in and there was a bit of shock, saying something along the lines of, `Drive, drive'. That was probably Rexon," he said.

"Phil hesitated for half a minute it was all loud and yelling then we drove off. I didn't say much. I was sitting in the front trying to figure out if what happened had just happened.

"We went to Rexon's house. There was a lot of talk. `What have you done?' That was from Jacinda and Phil. I didn't say anything.

"We decided to go back and see what happened, so we put my car at my house and took Jacinda's car. I thought we'd probably have been seen (in my car), with what happened. When we got there, it was all taped off."

The next morning, they got The Press to see what had happened, and then went to see Piilua.

Beaton: "Did Rexon say anything to you about why he'd hit this man with the bat?"

Smith: "No, there wasn't much said in the car, but it was a short time I saw him. We heard on the radio what had happened, that there was an assault on Colombo Street at the same place and we knew what had happened. We were in a bit of shock."

By then the baseball bat had been broken in half by Piilua and he and Daikee were burning it in the fireplace. Later, they talked Piilua into going to the police station.

The hearing continues today.

[toycollector10]

I can't find the internet link for the middle aged guy kicked in the head after being lured off the street in Bishopdale. A group of little c*nts were trashing his letterbox and he took objection to it.

What about the kids beaten up in Jellie Park by a gang wearing colours. Baseball bats and other weapons. I'm sure that they don't even belong over on that side of town.

This bloody town has a very nasty underbelly.....

[jazbug5]

I truly hope that the answer is "yes".


That's suicide from the tactical standpoint. You either absorb the attack and fall back or retaliate in full force in order to eliminate the threat. Limited response merely invites intensified attacks from the assailant.


Note that "assailant" is the key word here. The right to self-defense is one of the most basic human rights in my book. The assailant or as it happened in this specific case "assailant_S_" do not require to be armed to pose a lethal threat. As I mentioned earlier, a friend of my parents was beaten to death by a gang of unarmed teenagers in similar circumstances (sans the knife).

I see. So you hope that everyone agrees that it's okay to advocate "cutting the heads off 'stupid little niggers'". Have I just slipped through into an alternate dimension here, or something... wtf?

Incidentally, I don't entirely disagree with your concept of self defence, and I'm well aware of the commitment that needs to be taken into a fight where you fear for your life, if you take the decision to fight and not scarper. (I've done more than a little bit of training in my time, a lot of it with weapons.)
This is a very important point, which MDU (I believe) raised. He had been punched. On a bus. Not an alley. They were quite possibly grandstanding, being pricks, yes, but he had no reason at that point to kill someone, no matter how humiliated or afraid he was feeling. What their further intentions were, none of us know. However, surely the message should be that on a bus, where the driver has access to a radio and can summon help, there are still some options to go before you plunge a knife in someone's torso?

I am from a country that has the highest murder rate in the Western world, and the reason for that is the knife culture and the fact that people underestimate how they escalate things in a fight and how easily people can be killed as soon as they are pulled out. And it isn't necessarily the person who pulls it out originally that will do the fatal stabbing. It's easy to drop a knife in a fight. Escalate adrenaline levels, and your peripheral vision is impaired, as is your coordination.
I have been in a situation where I was in fear of my life, alone, and armed with a knife. I 'knew' how to use it. I didn't, and thank God I didn't, because my life would have changed forever for the worse, assuming I would have lived. I used psychology, and luckily that turned out to be the right decision.

Yes, unarmed fights can be fatal- but not quite as quickly and easily.
And if, out of the two of you, witnesses point at you and say that you used a weapon on an unarmed person after they had 'only' punched you, once- you will go to jail. That's how it works.

[Biff]

I think Mr Chef should be defending the charge as it was self defence. Little shit stain should be done for assault.

Only in NZ can the perp turn it around and make the victim face charges.

But where do you draw the line?

Maybe the chef should have been legally entitled (in the name of self-defence) to have cut the punk's ear off. That would have hurt like fuck, and bled like fuck. Little chance of killing him though.

Maybe gouged an eye out with a spoon. That would have permanently impaired his vision, but again probably not killed him.

Or stab him, in his torso, in an upward motion, with a butchering knife. Up to the handle. Nice n deep.

Hmmm. Choices, choices.

I take great delight in knowing that the little punk who slapped that guy got stabbed for his efforts. Love to have done it myself, in my mind's eye.

[ManDownUnder]

I don't give a shit about the rights and wrongs of knifing some c*nt that deserves it.

The shame is that chef-boy has to do time for reacting the way he did, reacting unexpectedly and violently......that was just in his nature is my guess...

I hope I get called for jury duty, he will walk!

Same here.

And that'd be based on all the facts right... I mean you do have all the facts don't you?

It's a bit premature for judgement guys...

One of the things I was taught is that if I was drawn into a fight at school, to only ever hit people with chairs in the arms and legs. It is all to easy to kill someone by punching them in the face/head.

That I respect

Thus why this man was justified in stabbing the little prick after getting a punch to the head, imho.

That I don't respect. Why not shoot him? Would he be ok to do that too?

Nothing would please me more than to see hoody gang members covered in petrol and set on fire. Limb by limb.

You're not serious are you? That's subhuman. At best you're lowering yourself to their level and at worst you're a psychotic premeditating arsonist/murderer.

Either way you're a threat to me and mine.

Of course you could be just posturing... naaa - on the web - what are the chances of that happpening?

[imdying]

No, I'm not serious... unless you can fix social problems by fabricating the answer out of carbon fibre, then it's currently under my radar. I just think the whole thing is absurd, they brought it upon themselves. (unless of course the chef actually carries his knives for the express purpose of knifing hoodies, but even then, in this situation, good on him).

[Goblin]

But where do you draw the line?

Where do you draw the line as far as what these little shitheads can get away with?
I just dont see how the law can take the side of the perpetrators just because one of them came off second best. The hoodies started it and Mr Chef finished it quickly and effectively. The cops should be thanking him!

[Hitcher]

Some of the comment in this thread is, in my opinion, getting a bit ridiculous and taking considerable license with the facts, as reported in the media.

I am appalled by comments from people who clearly aspire to be Chuck Norris or have spent way too much time playing first-person-shooter games for vicarious pleasure, and who now want to act out their blood-lust fantasies on Christchurch public transport.

The fact that the convicted offender was a chef is surely immaterial. He was a passenger on a bus who was carrying a fucking big knife in a manner which made it easy to use. Which he did. Unhesitatingly, according to eye witnesses. No fannying around while he unpacked his assembled collection of hand-crafted, French steel bladeware. He had easy access to a knife with a 25cm blade which he buried to the hilt into an alleged aggressor. If he had been less fortunate and severed a major artery in his victim, he would be doing life for murder.

Our stabber has no leg to stand on. He clearly used excessive force before fleeing the scene. Nobody, including bolshie hoodie losers, deserves to be stabbed in such a manner.

All buses in Christchurch (and most other major centres) have drivers with two-way radios. If any passenger ever feels threatened, attracting the driver's attention will soon have Police quickly on the scene.

[scumdog]

All buses in Christchurch (and most other major centres) have drivers with two-way radios. If any passenger ever feels threatened, attracting the driver's attention will soon have Police quickly on the scene.

Sadly Mr.H, how many kicks or head-stomps do you think a group of shitheads could get in even before the Police started for the scene??

[Hitcher]

Sadly Mr.H, how many kicks or head-stomps do you think a group of shitheads could get in even before the Police started for the scene??

I hate to think. But in this case we have no information to determine the nature of the "threat" from the hoodie losers in question. I guess I have a problem with pre-emptive retaliation.

[imdying]

I hate to think. But in this case we have no information to determine the nature of the "threat" from the hoodie losers in question. I guess I have a problem with pre-emptive retaliation.

That's fair enough. I for one would be just as pissed off about you even having to consider this situation for real, as I am about this one. It's pretty shitty world if you can't just go about your own business.

[avgas]

I just found out about "Enzo" in tauranga. I fig its not worth a whole thread so i thought i'd just say here that my thoughts are with the owner.
Sorry to be off topic - but i just felt like saying something.
Back on topic - yes you are right Hitcher is saying that the stabbing is too far. It is however all he could do at the time.

[Goblin]

Our stabber has no leg to stand on. He clearly used excessive force before fleeing the scene. Nobody, including bolshie hoodie losers, deserves to be stabbed in such a manner.

So, in effect, the hoodie losers are allowed to get away with whatever they want. Next time they feel the urge to harrass some innocent going about their business, they know they can beat the living snot out of them as long as they dont use a weapon.
Yeah that makes sense....NOT!

[Hitcher]

So, in effect, the hoodie losers are allowed to get away with whatever they want. Next time they feel the urge to harrass some innocent going about their business, they know they can beat the living snot out of them as long as they dont use a weapon.
Yeah that makes sense....NOT!

We are not living in the wild west, and citizens are discouraged from taking the law into their own hands. I am not arguing with the rights of citizens to defend themselves, their families and others who they see being unfairly dealt to from agressors, armed or otherwise. In this case people seem to be leaping to conclusions about what happened on a bus prior to somebody being stabbed, allegedly in self defence. Nobody in this instance had "the living snot beaten out of them" and there is nothing that has been reported to suggest anything other than a bit of intimidation happened prior to the stabbing.

[Skyryder]

We are not living in the wild west, and citizens are discouraged from taking the law into their own hands. I am not arguing with the rights of citizens to defend themselves, their families and others who they see being unfairly dealt to from agressors, armed or otherwise. In this case people seem to be leaping to conclusions about what happened on a bus prior to somebody being stabbed, allegedly in self defence. Nobody in this instance had "the living snot beaten out of them" and there is nothing that has been reported to suggest anything other than a bit of intimidation happened prior to the stabbing.

One of things that I have always understood is that if you are intimidated, threatened or whatever else one would like to call it, if you want to walk away you put the agresssor down in such a manner he is not likely to get up. Nail the ringleader and all else will fall apart. Now not many people have th skills to do that and I doubt very much that 'chummy' could have done it with his bare hands. So he used his knife. From all accounts he did not hesitate which suggests to me he knew what would happen if he did no take immediate action.

Bottom line on this Hitch is that 'chummy' walked away and his aggressor did not. There is no morale to this. The ganger got clobbered and rightly so.

If he had kept his mouth shut he would not have got himself stabbed. Period.

Skyryder