New Zealander acquitted in friend's death

The defence barrister successfully argued that Van Praagh acted in self-defence. Photo / Thinkstock

A salesman acquitted of murder in Australia says he's "relieved" at the decision.

Former Auckland man David William Van Praagh, 37, was accused of murdering his friend Grant Latemore, 40, by holding him in a headlock until he lost consciousness after the pair argued.

This week, a Brisbane Supreme Court jury took less than five hours to acquit Van Praagh over the death of Latemore in March 2010. They also cleared him of the lesser charge of manslaughter.

Van Praagh did not want to comment further on the decision, but his father William Van Praagh said the past two years had been "absolute hell" for his son.

Van Praagh had lived at his father's Queensland home since he was released on bail after the death.

"He has had a lot of support from his family and he is free. He can start his life again that is the important thing," William Van Praagh said.

"I wouldn't wish it on anyone but we should not lose sight of the fact it is tragic for the other side too and that is why I can't say too much. It is the honourable thing."

On the day of the incident, witnesses said Van Praagh and Latemore argued while watching rugby league at Van Praagh's neighbour's house.

Van Praagh's defence barrister, Alex Nelson, said Latemore followed Van Praagh when he left the house to go home, and had pushed him violently.

He pulled Van Praagh's shirt over his head and punched him repeatedly, pushing him to the ground in the front yard of his home. Van Praagh ran inside to get away from Latemore but was again pursued.

The pair continued to fight in the lounge, then Van Praagh got Latemore on the floor in a headlock and refused to release him until police arrived, claiming he feared for his life.

Van Praagh's partner at the time, Caroline Marr, called police and had tried to separate the pair.

Nelson successfully argued his client acted in self-defence.

William Van Praagh said he was disappointed the case was even brought to trial.

"The Supreme Court judge said David had a full and complete defence to the charge, why the [director of public prosecutions] didn't investigate it further we will never know."

He said his son lost his job as a salesman because of the case but had started working for another company.

"We are all just very relieved that David can now move on and live his life," William Van Praagh said. "Someone has died in this and we have not lost sight of that, but it really was just a tragic accident."