Court documents state the two men crossed paths for the final time around 1.40pm on April 27, when Ah Fook’s bus arrived at a stop near Great South Rd.
Peter Te Kira died on April 30 after he was assaulted by a bus driver on Great South Rd in Papatoetoe, Auckland, on 27 April. Photo / Supplied
Te Kira had spent the past two hours at a nearby tavern and was observed by a witness at the bus stop as having sung loudly and being unable to keep still as he waited for the bus to arrive.
When it did arrive, he took his seat without paying.
“The defendant told the deceased to pay for his fare, but the deceased ignored him and walked to the rear of the bus,” the agreed summary of facts for the case state.
“The defendant remained in the driver’s seat while speaking with the deceased for approximately two minutes, requesting the deceased to get off the bus. The deceased said ‘no’ loudly two or three times.”
It wasn’t until Ah Fook got out of the driver’s seat that Te Kira relented, slamming his hands down on the safety rail as he stood up and exited through the bus’ rear door.
Te Kira pulled the finger at the driver as he walked outside the bus back to the entrance, where he remained outside.
Ah Fook, who estimates he had argued with the passenger on about three other occasions over unpaid fares, later told police the breaking point for him was when Te Kira told him to “f*** off back to my own country”.
Peter Te Kira got on the bus without paying. Photo / Supplied
The punch caused Te Kira to lose consciousness and fall backwards on to the concrete pavement, resulting in another blow to his head.
“On realising the deceased was unconscious, the defendant pulled the deceased further into the bus shelter and placed him slumped in an upright position up against the seated area,” court documents state.
“The defendant left the deceased there, returned to his bus and continued his route.”
Te Kira died three days later at Auckland Hospital after having been put in an induced coma. His cause of death was found to be blunt force head injuries.
Ah Fook, meanwhile, confessed to police on the same day that Te Kira died, explaining that Te Kira was being rude and again refusing to pay.
“When asked why he left the deceased there, the defendant said that the deceased was still breathing when he left him and he thought that the deceased would be okay and wake up after a while,” court documents state. “The defendant said that he [the defendant] had been knocked out previously himself, so he assumed the deceased would also wake up.”
Authorities characterised Ah Fook as “extremely remorseful” during the interview.
“He said he was angry with himself for punching the deceased, particularly because the deceased was older than he was,” police noted. “The defendant wanted to visit the deceased at the hospital to apologise.”
Instead, Ah Fook may get a chance to apologise to the victim’s family.
At the conclusion of today’s hearing, Justice Mathew Downs allowed the defendant to remain on bail pending his sentencing – in part so that he can participate in a restorative justice meeting with Te Kira’s family, which they have agreed to attend.
“I must make one thing clear to you, however,” the judge said. “Manslaughter is an entirely serious crime and there is a very real possibility of a sentence of imprisonment come February.”
Defence lawyer Tua Saseve has indicated to the court he may seek a non-custodial sentence for his client.
Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.
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