An off-duty policeman has been found not guilty of the manslaughter of a man but must face a retrial on charges of assault and attempting to pervert the course of justice.
Clinton Lyall Hill, 34, was cleared this aftternoon of the manslaughter of George Tipene Harris on October 3, 2004 by a majority verdict following jury deliberations over two days at the High Court at Auckland.
The jury was unable to reach verdicts on the other two other charges.
A new trial will be set for these charges next year, with a call-over on February 10. Hill was granted bail.
Justice Geoffrey Venning congratulated the jury on their efforts on behalf of the community.
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 told the court he was off duty when a drunken Harris tried to steal his phone in the early hours of October 3, 2004. He arrested him and placed him in the back of a passing police car .
The Crown said Hill then assaulted him. Mr Harris managed to open the door and fled. He tried to wave down a cleaning truck but the driver saw him too late and struck him. He died later from his injuries. Hill denied assaulting Mr Harris, who he said escaped from the police car and was hit by the truck.
The crown claimed that Hill and two other officers lied to cover up the assault.
But the officers changed their stories and were convicted and sentenced for conspiracy to defeat the course of justice.
