Accused officer takes stand in manslaughter case

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Constable Clinton Lyall Hill, 34, who is still on the force but currently suspended, took the stand in the High Court at Auckland this morning to defend himself.

Hill is charged with the manslaughter of George Tipene Harris, 24, who died from injuries received after running in front of a truck in Auckland on October 3, 2004.

The Crown alleges Mr Harris was running away from Hill after being assaulted in the back of a police car – and that makes Hill liable for manslaughter.

The Crown also alleges Hill later lied to cover up the assault.

The defence opened this morning, with the sole witness being Mr Hill.

Hill was off duty when he says he encountered Mr Harris in the early hours of the morning on a Manukau street. He said Mr Harris tried to grab his mobile phone, tearing Hill's jacket pocket.

Hill arrested him.

He said he had been drinking that day. He consumed five stubbies and three bottles of beer consumed over an eight-hour period alongside food.

Prosecutor Stuart Grieve asked him: "Were your faculties impaired?"

"No, I believe I was able to carry out my duties," Hill responded.

"Not withstanding you were to a degree intoxicated," Mr Grieve said.

"Yes," Hill replied.

Mr Grieve said Hill had assaulted Mr Harris to teach him a lesson. But Mr Hill denied it.

He also said when he found Mr Harris crushed by the street sweeper truck after chasing him, he was in "shock, disbelief."

Hill's lawyer John Haigh said the alleged assault in the back of the patrol car never took place, therefore when George Harris ran off he was not fleeing because he feared violence.

"Accidents happen, tragic accidents like this which don't have a criminal causation, a criminal culpability," he said.

He said unless the Crown could prove Mr Harris was running away in fear of violence from Hill, the charge of manslaughter must fail.

Hill had always been consistent in what he has said about the incident and had not lied, Mr Haigh said.

In contrast, Mr Haigh, said there were "inconsistencies of a serious nature in the crown case."

"They were of very real importance."

The case has ended for the day and is due to close tomorrow.

- © Fairfax NZ News