Rakai Jacob Thompson has been accused of murdering the 17-year-old promising rugby league player, with whom he was close friends.

But while Thompson, 26, admits to causing the death of Te Omeka, he claims it was unintentional and that he had acted in self-defence.

“This was, and remains, a tragedy. A tragedy, yes, a murder, no,” defence lawyer Nathan Bourke told the jury in his opening address in the High Court at New Plymouth.

“Because Rakai Thompson didn’t want Te Omeka to die. He didn’t intend for Te Omeka to die. He and Te Omeka were very close; they were like brothers.”

While defence suggested Thompson was fearful of Te Omeka, and his older brother, Don Akariri-Buckley, and had “acted on instinct”, the Crown claimed it was murder.

Today, at the outset of day one in the two-week trial, prosecutor Jacob Bourke detailed how the group’s night of sheep rustling turned fatal.

On July 29, last year, the Akariri-Buckley brothers, Thompson and their friend Anthony Kipa were hanging out at the Akariri-Buckleys’ home in Bell Block, New Plymouth.

Bourke said there, the group came up with a plan, and they soon headed to a paddock near Te Rewa Rewa Bridge in New Plymouth.

“They were going to go out that night to try and find a sheep, to kill it, and butcher it, to fill up their freezer.”

But after the cattle thwarted their first attempt, they revised their plan and headed toward farmland in Tarata.

Te Omeka drove the group south in his brother, Don’s, ute.

He had put his own rims on his brother’s vehicle and was worried about scuffing them, so he travelled with a light bar switched on to avoid potholes.

Bourke said this caused Thompson and Kipa to become “agitated” as they were concerned the light could blind oncoming traffic.

The group began arguing, and after Te Omeka pulled the ute over, Kipa and Thompson got out and walked off.

Soon after, the pair got back into the ute and they all returned to Bell Block.

But the arguing continued as Thompson became increasingly “angered and agitated” while trying to find his car keys to leave.

Eventually, he found his keys and left the Akariri-Buckleys’ home, performing a skid as he drove off, Bourke said.

Thompson returned to his house in Waitara, where he went on to message Don to come over and pick up a road bike Thompson had borrowed from him.

Thompson said he no longer wanted anything to do with Don, telling him to “grab his bike and f… off”, and to stay out of his shed, Bourke told the jury.

He left the bike on his driveway.

“The defendant was out on the deck at his property, waiting for Don and Te Omeka to arrive, holding a knife,” Bourke said.

When the brothers received the message, they headed to Waitara.

Bourke said when they arrived, just after 12.40am, Te Omeka walked toward the shed, looking for a helmet.

Thompson yelled not to go into his shed and called the brothers thieves, and an argument ensued, Bourke said.

“The defendant and Te Omeka end up in each other’s faces and there’s a scuffle between them.

“It is at this point that the defendant stabs Te Omeka twice. Once in his upper left chest, penetrating his heart, the other in his left side, penetrating his kidney, as well as causing other incision wounds to Te Omeka’s body.”

Te Omeka ran a short distance before he collapsed to the ground.

Neighbours arrived and several people tried to help him, as emergency services were called.

Te Omeka was taken to the hospital, where he underwent emergency surgery but died.

In defence lawyer Nathan Bourke’s opening, he said Thompson had also tried to assist in saving Te Omeka.

He said Thompson wanted to drive him to the hospital and tried to staunch the flow of Te Omeka’s blood.

“You will no doubt ask yourself through the course of this trial whether these were the actions of someone who wanted Te Omeka dead,” Bourke told the jury.

Bourke said following the arguing in the ute, Thompson had become “sick of the yelling” and “sick of the abuse”.

“In many ways, Rakai was the proverbial and, as it happens, literal punching bag for these men.

“He’s a bit sensitive, easy to mock and easy to boss around. He was their whipping boy, whom the brothers referred to as a little bitch.”

Thompson drove home from Bell Block and was upset, Bourke said.

He wanted a clean break from the brothers and asked for the bike to be picked up in a bid to “sever ties”.

“He didn’t want drama; he didn’t want confrontation. He just wanted them gone.”

Bourke said Thompson was adamant that he did not want the brothers in his shed, and that was the first place Te Omeka headed.

Thompson had taken the knife outside because he was afraid of the brothers, and was worried about what might transpire, Bourke said.

“And what transpired is that he was assaulted.”

Bourke claimed Thompson was punched repeatedly in the head and knocked to the ground.

“In the brief few seconds that followed, he reacted and he stabbed Te Omeka.

“Rakai acted on instinct and in fear.”

The trial, before Justice Jason McHerron, continues. The Crown has indicated it will call 19 witnesses.

Tara Shaskey joined NZME in 2022 and is currently an assistant editor and reporter for the Open Justice team. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.