Hit and run an accident, court told

A gang fracas saw a Christchurch driver trying to get away in fear and panic and run a man down, a jury trial was told today.

Defence counsel Elizabeth Bulger said Sione Moli's car was struck and damaged by a stick, pole, bat or bottles during the confrontation in Stevens St, Phillipstown, on June 22 last year.

"His fears were probably justified. His actions were an accident," she said in the defence's closing address on the second day of the trial in the Christchurch District Court, before Judge Michael Crosbie and a jury.

The defence elected to call no evidence after the crown closed its case after hearing evidence from 14 witnesses.

The trial was told that Moli, 22, a concrete worker from Hoon Hay, drove his car over Gary Dean Kapea as he left the fight outside the party, and dragged the victim beneath the vehicle for 25m.

Mr Kapea spent five months in hospital.

Moli denies a charge of wounding with intent to cause grievous bodily harm.

Crown prosecutor Tim Mackenzie said there was "a consistent theme that Moli drove at the victim on purpose".

He asked the jury to consider whether Moli ran down Mr Kapea on purpose, and if he wanted to cause him serious harm.

"Did he do it on purpose, or was it an accident?" he asked. He accused Moli of using his car as a weapon.

However, Miss Bulger said that if Moli had intended to run over Mr Kapea that night, and cause him really serious injury but avoid getting caught, he could not have chosen a worse place to do it.

It was behind Christchurch's AMI Stadium after a rugby test match, when he had been to a party where he was clearly known and from which he and his friends had been asked to leave. The car was registered under his name.

She said the jury had to be sure he had done it intentionally, and it was not an accident.

In the end, Moli had given himself up to the police and told the truth. It was a tragic accident which he clearly very much regretted, Miss Bulger said.

Judge Crosbie will sum up at 10am tomorrow before the jury retires to consider its verdict.

- NZPA