No charges over fatal stabbing

Last updated 16:41 18/12/2012

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A South Aucklander who stabbed a man to death when he ventured onto his property early one morning will not be charged.  

David Cunningham, 40, was found dead at a property in Ramarama, only a few kilometres from his parents' Drury home, in the early hours of August 27.

The father-of-one wasn't known to any of the people living at the Ararimu Rd house where his body was found, and no-one knows why he ended up there.

Police earlier said Cunningham died after an altercation with a person living at the property who confronted him, and today police said that person wouldn't be charged.

"For any criminal charges to be laid, police would need to be satisfied that the property occupier who killed Mr Cunningham was not acting in self defence," Counties Manukau Detective Inspector Dave Lynch said.

"After a review of the recommendations from the Auckland Crown solicitor, police have decided that there is insufficient evidence to proceed with charges. A prosecution in this case does not meet the requirements of the solicitor general guidelines for initiating criminal prosecutions and accordingly no charges will be laid."

Lynch said that the decision would be reviewed in the future should any new information be received.

The Cunningham family were "understandably upset" at hearing the news.

The coroner has been notified of the decision.

Police handed their evidence to Crown Law and deliberated over whether or not to lay charges.

A decision was made recently but the announcement was delayed because Cunningham's parents were out of the country.

Lynch said someone had reported seeing Cunningham walking at about 1am the day he died, which helped police put together a timeline of his movements but did little to explain why he ended up at the house where he died.

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- Fairfax Media

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