Ex-officer claims cover-up after man's death

George Harris was hit by a street sweeper while running from police. Photo / Supplied

A former police officer has told a court he believed the police version of events into an Auckland man's death was meant to "cover up" what really happened to protect a fellow officer from getting into trouble.

Benson Lyle Murphy said that while he was still at the South Auckland scene where George Tipene Harris was hit and killed by a truck, he was told by a senior officer that his version of events had to say the victim "got away from the car" and he "chased him from there".

Mr Harris was running away from Murphy, Constables Reuben Harris and Clinton Lyall Hill on October 3, 2004. The Crown alleges Hill, 34, assaulted Mr Harris in the back seat of the patrol car which caused him to run away even though he had been lawfully arrested.

Hill is also charged with manslaughter because it is alleged his actions caused Mr Harris to do an act that caused his death, and of attempting to pervert the course of justice.

Murphy told Hill's trial in the High Court at Auckland yesterday that he was told by the senior officer to say: "You just need to put Clint in the car with the other guy and say he got away from the car and he chased him from there."

Murphy said the message was "drummed into us a few times".

He wasn't present when Mr Harris ran away from the police car so on their way back to the station he asked his colleague if "Clint gave [Mr Harris] a hiding", but didn't think he got an answer. "In my mind ... I made my mind up there must have been some altercation with George while I was away."

He believed his instructions on what to say were just a way of writing it "to cover up what really happened when the car was away".

He omitted details of what happened from his job sheet because it was "impressed" on him by [the officer whose name is suppressed]. Murphy: "It was so Clint didn't get into trouble."

He and Constable Harris were both convicted of conspiring to defeat the course of justice in relation to the incident and sentenced last year. They have been granted immunity from prosecution if they give evidence in the trial.

The senior officer was also charged but has been discharged without conviction.

Hill's lawyer, John Haigh, QC, accused Murphy of giving a different version of events than his original statement and one made under oath to the coroner to protect himself. He replied he was only protecting Hill and Constable Harris.

Asked whether Hill had ever spoken to him about what to say or asked him to leave anything out, Murphy said he hadn't.

Mr Haigh said Hill maintained his position that there was never any assault of Mr Harris.