False account of assault would be more graphic, jury told

George Tipene Harris was hit by a street sweeper. File photo / Supplied

Two police officers initially concocted a series of lies about an assault on a man in the back of a patrol car who died shortly afterwards when he was chased into the path of an oncoming truck, a jury was told today.

Clinton Lyall Hill, 34, has pleaded not guilty to the manslaughter of George Tipene Harris on October 3, 2004. Hill, who is suspended from duty, also faces two further charges of assault and attempting to pervert the course of justice.

Crown prosecutor Stuart Grieve QC said Constables Reuben Harris and Benson Murphy had given the same account of the incident during the trial, having changed the original story they gave in 2008.

"They've been prosecuted and dealt with on the basis that the first accounts they gave in 2008 are made up. The defence say it is Hill who is telling the truth. But that is up to you to decide," Mr Grieve told the jury in his closing submissions in the High Court at Auckland today.

He read out Reuben Harris' account of what happened. Mr Harris said he could hear Hill being verbally aggressive, and the passenger in the back moaning and sighing.

"If he was making it up, the account of the assault would be considerably more graphic. In fact, he was telling you the whole truth and nothing but the truth," Mr Grieve said.

"This assault was a crude and unlawful form of retribution against the deceased for ripping his jacket and running away from him," he added.

The Crown alleges Mr Harris was running away from Hill after being assaulted in the back of a police car and that Hill later lied to cover up the assault.

Hill was the sole defence witness. He said he was off duty when he encountered Mr Harris in the early hours of the morning on a south Auckland street. He said Mr Harris tried to grab his mobile phone and he arrested him.

Former constables Harris and Murphy claimed that Hill assaulted Mr Harris in the back of the police car before he escaped and was run over by the passing street cleaning truck, later dying from his injuries.

But Hill told the jury the officers had lied and he never assaulted Mr Harris.

John Haigh QC, defending Hill, is expected to begin his closing submissions later today.

- NZPA