David Cunningham died on 27 August 2012 at a property in Ramarama where he was unknown to the occupants. He was located on the property at approximately 0130 in the morning and died after an altercation with a person who lived on the property who confronted him.
Police have decided that no charges will be laid in relation to Mr Cunningham's death.
Counties Manukau District Manager of Criminal Investigations, Detective Inspector Dave Lynch states, ''a thorough investigation has been conducted and the file referred to the Auckland Crown Solicitor for review and legal opinion.”
"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.
"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."
Mr Lynch states that the decision would be reviewed in the future should any new information be received.
The Cunningham family have been advised of the decision. Understandably they are upset and Police sympathise with them.
Police have notified the Coroner of the decision and are unable to comment further on the circumstances surrounding Mr Cunningham's death pending inquest proceedings.