The man who fatally stabbed Jordan Morris was found to be acting in self-defence. Photo: RNZ / Nate McKinnon
The High Court has ruled a man who fatally stabbed a 22-year-old in a Christchurch night shelter, but had a murder charge against him dropped, cannot be named.
Jordan Morris died from a single stab wound to the abdomen at the men's emergency night shelter on March 10.
A 67-year-old was charged with his murder, but it was later withdrawn after he was found to be acting in self-defence.
Justice Jonathan Eaton granted the man permanent name suppression on Friday, due to his mental health challenges and the fact the charge against him was dismissed early on.
The decision revealed more about the fatal attack and what led to the charge being dropped.
The men were both staying at the Christchurch City Mission when they got into a verbal altercation about 10pm on 10 March.
Morris was asked to move his belongings that were in the way of another resident and he told the man to "piss off". After a further exchange, Morris challenged the man to a "one outs".
Morris then began punching the man in the head and face and both fell to the floor. The altercation continued and the man grabbed a nearby kitchen knife and stabbed Morris in the stomach. Morris died a short time later in hospital.
The man, acting on legal advice, declined to speak to police and was charged with murder the following day.
A psychiatric report by Dr Erik Monasterio found the man was not fit to stand trial or be interviewed by police. He was found to have a number of physical and mental issues as a result of chronic alcohol use, and he met the diagnostic criteria for major neuro cognitive disorder due to a brain injury.
His lawyer, Katherine Basire said the man remained confused about the incident, was unable to explain it and lacked the cognitive function to discuss what happened.
She said the police rushed to lay a murder charge and did not speak to witnesses before doing so and that the man would suffer extreme hardship if his name was published.
A victims adviser said the Morris family strongly believed the man's name should be published.
Justice Eaton said the man had been charged shortly after the stabbing, before witnesses had been interviewed and without a holding charge being laid, pending further investigation.
Within weeks, it was established the prosecution could not disprove he had acted in self-defence.
"It is understandable that the police move quickly to lay criminal charges when there has been a fatality as a consequence of an act of violence.
"Often that is necessary to bring calm to what is otherwise a tense and emotional situation and to ensure the safety and well-being of all interested parties, including the suspect."
He said this case stood out as the prosecution, having laid a murder charge instead of a holding charge, "swiftly embarked on a comprehensive review of the available evidence" and reached the conclusion the prosecution had "no reasonable prospect of defeating a defence of self-defence".
Justice Eaton said he was satisfied the man would suffer extreme hardship if his name were published given the mental health challenges he faced, his ongoing state of confusion and the risk that elevated stress levels would have serious consequences.
