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A man faces a third murder trial after a second jury yesterday couldn't agree if he deliberately drove into a young father and dragged his dead body under his car.
Prestman Vesiputa Tauira, 27, was charged with murdering Faafetai Lafolua in Otahuhu on August 18, 2006, and has been on trial in the High Court at Auckland for the past five weeks.
It is the second time he has been on trial for the alleged murder after a jury was discharged last December when they failed to reach a verdict.
The jury from the second trial deliberated for 24 hours but returned just before 1pm yesterday and told Justice Chris Allan they were unable to reach a verdict.
Tauira was remanded on bail until a callover next February when a decision on whether he will face a third trial should be made. Legal sources said yesterday a third trial would be extremely unusual.
Detective Sergeant Brett Shields of Counties Manukau CIB said Mr Lafolua's family wanted a third trial.
"They are obviously disappointed and frustrated the jury was unable to reach a verdict as it has been two years since the incident and they just want to put the matter to rest.
He said they would be keen for a third trial to have some closure.
Asked whether police would consider amending the charges, Mr Shields said it was something they would speak to Crown lawyers about but it was unlikely.
The family had indicated they may ask their own lawyer to work with the Crown lawyer, raising the possibility of a private prosecution.
Mr Shields said the evidence had been presented in a way that the Crown hoped would be easy to understand but he was unsure what more could be done ahead of a possible third trial.
Mr Lafolua, a 24 year-old father of three, got into a fight while he attended a vigil at a shrine erected to Haruru Pekepo who had been shot dead a month earlier.
Mr Lafolua was then struck by a car, killing him instantly, and dragged underneath it for 2.4km.
The Crown said Tauira deliberately drove into the crowd but Tauira said the death was accidental.
The Crown argued Tauira either intended to kill someone or should have known that was the likely outcome when he drove into the crowd.
Tauira admitted driving the car but said he was trying to break up the fight and didn't know Mr Lafolua was being dragged underneath.
