Lawyers sum up in manslaughter trial

A doctor's failure to detect a fracture to Weylin Ngarangione's skull did not break "the chain of causation" that led to his death, the Crown prosecutor told the High Court in Gisborne during the trial of a man accused of manslaughter.

Rimu Lokin Morrell (20)  is charged with causing the unlawful death of his cousin, Mr Ngarangione, by hitting him on the head with a bottle. He is also charged with assault for punching him in the head.

The charges arise after a drunken brawl at a party at Manutuke last June. Mr Ngarangione had picked fights at the party, used a knife threateningly and slashed the tyres of a car.

He died of a brain abscess four days after being cleared by a doctor at Gisborne Hospital. It was the result of an infection from a compound fracture to his skull he allegedly suffered from a bottle blow to the head.

Crown prosecutor Steve Manning, in his closing address, said Mr Ngarangione would not have needed medical treatment had Morrell not hit him with a bottle.

"We know he hit him on the head with a bottle, the bottle caused the fracture, which caused the abscess and swelling on the brain.

"The fact that the fracture was not picked up at the hospital does not break what the law describes as the chain of causation. It is no defence in this case."

That Morrell had earlier punched Mr Ngarangione - who he described as being like a brother - was an aggravating factor in the case, Mr Manning said.

"Self-defence is a justification of using force which would otherwise be unlawful - and only if the force used is reasonable. Now that doesn't mean you get a blank cheque to use as much as you like.

"Rimu Morrell caused Weylin's death and in doing so he was not acting in self-defence."

The threat of the knife was gone because others at the party had taken it from him.

"Mr Ngarangione was leaving, walking away. Rimu Morrell followed him, the Crown says. One of the questions you may wish to ask is why?" Mr Manning said.

Defence counsel Chris Wilkinson Smith said Morrell was acting in self-defence because of a "potentially life-threatening situation" with Mr Ngarangione's knife.

Morrell was not certain Mr Ngarangione had a knife because it was too dark to see.

"This might not have been a manslaughter trial with booklets of pictures of Weylin Ngarangione. This could have been a murder trial with pictures of Mr Morrell."

One of the fundamentals of causation was the origin of the skull fracture.

"Doctor Linh Bui said he was quite confident there was no fracture. He stuck his finger in the wound.

"It's not for the defence to say that something else caused the fracture, but up to the Crown to prove it was Mr Morrell who caused it."

Mr Ngarangione had given family and friends three different explanations as to how it happened -- three people mugged him, it was a car accident and a crowbar.

"The deceased has given explanations that don't fit with the Crown's case."

In order to convict Morrell, the jury needed to be sure there was a chain of causation between his actions and Mr Ngarangione's death.

"Manslaughter is a very serious charge and a very serious charge for a young man like Mr Morrell. It would suggest Mr Morrell has taken the life of someone who was like a brother to him.

"This is a true tragedy, members of the jury, not a true crime."