Cop not guilty of manslaughter

A police officer has been found not guilty of manslaughter but no decision has been reached on whether he is guilty of assault.

The jury of seven men and five women advised the court it could reach a majority verdict on the manslaughter count but was unable to agree on the remaining two charges - of assault and attempting to pervert the course of justice.

Constable Clinton Lyall Hill, 34, a serving police officer who had been suspended during the court case, had been on trial for the manslaughter of George Tipene Harris, 24, assault of Mr Harris and attempting to pervert the course of justice.   He was acquitted on the spot for manslaughter but the crown immediately requested a retrial on the other counts.

The jury began deliberations at 3pm yesterday. They adjourned over night and returned today at 10am.

Speaking to NZPA outside court, Hill's defence lawyer John Haigh QC said he was pleased with the manslaughter verdict, but disappointed about the other charges.

"The fact is it was a decision for the jury and we abide by that," he said.

George Harris' parents Daisy and Paiti, both 56, expressed disappointments with the verdict today.

"Even if it was a guilty verdict it wouldn't have brought my son back. We were looking for closure of some sort and we didn't get it," Mr Harris said.

"We've still got to wait until February for the other charges to be dealt with."

Mrs Harris said they were just going to spend time with the whanau.

George Harris' cousin Melanie Joyce, 35, from Whangarei, said she was "gutted" with the verdict.

She said the family had not coped very well.

"My cousin was one of the cutest little boys when he was little. I'll always remember him and just have to wait until February now for the next case," she said.

Hill was off duty when he said an intoxicated Harris, who had also been smoking cannabis, tried to steal his phone in the early hours of October 3, 2004. He arrested him, then hailed a passing patrol car.

The crown alleged Hill assaulted Mr Harris in the back of the car causing him to flee – he ran onto Great South Rd with Hill chasing him and tried to wave down a street sweeper truck, but the driver saw him too late and hit him. He died in the ambulance of his injuries.

Since Mr Harris was running scared because of Hill's attack, that constituted manslaughter the crown said.

The crown also alleged Hill and other police then lied to cover up the assault, keeping up the fake story during a coroner's inquiry and a Police Complaints Authority investigation.

But in 2008 two constables changed their stories and accused Hill of assaulting Mr Harris. They have both been prosecuted, convicted and sentenced for conspiracy to defeat the course of justice for.

Both have since left the New Zealand police.

In his closing address yesterday crown prosecutor Stuart Grieve said the defence case required the jury to accept the original 2004 version of events was correct and that "those two young men have concocted stories that are untrue knowing they would then be convicted."

"It is an extraordinary proposition. Does that accord with human behaviour?" he asked the jury.

"Or does it accord with two men who have properly and responsibly acknowledged the truthfulness of the situation, for whatever reason we don't know - conscience? We don't know, but they have fronted up."

"It is on this single basis that the defence case can be dismissed."

He said all the evidence showed when George Harris was placed in the patrol car he became apologetic and compliant. Something "significant and terrible" must have happened to make him run off – "the crown says that terrible thing was the assault by this accused an assault that was meted out by someone who was frustrated and angry."

But defence counsel John Haigh QC said there was no way to determine why the two constables changed their story.

"There is no simple answer and other than speculation there is no evidence before the court.  It is unanswerable because I can't look within the minds of Harris and Murphy."

Instead the jury had to focus on the evidence, and there were too many inconsistencies and contradictions to believe it – he said Mr Murphy had continued to embroider his evidence on the stand to try to "pep up" the case against Hill.

It left their evidence unacceptable and unreliable and the crown had failed to prove beyond reasonable doubt the assault took place. With no assault, there was no manslaughter, Mr Harris' death was just an accident.

"The manslaughter charge is a bridge too far," Mr Haigh said.

Hill has been bailed.

-with NZPA

- © Fairfax NZ News