Officer believed he was told to cover-up assault, court hears

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

A former police officer believes he was told to cover-up the alleged assault of a man who was fatally hit by a truck as he ran from police, a court has heard.

Constable Reuben James Harris said the officer, who has permanent name suppression, told him how to respond if someone saw George Tipene Harris getting into the patrol car where he was allegedly assaulted.

Mr Harris, an Auckland father, died when he was hit by a street sweeper as he ran away from Constable Harris, and his colleagues Constables Clinton Lyall Hill, 34, and Benson Lyle Murphy on October 3, 2004.

Hill is alleged to have beaten Mr Harris in the back seat of the patrol car, with Constable Harris in the front seat after he arrested him while off duty outside a south Auckland night club.

Mr Harris managed to escape but was hit by the truck minutes after running from the officers and died on the way to hospital.

The Crown says Hill's actions that night left Mr Harris in fear of more violence and that caused him to do an act which caused his death. He has been charged with manslaughter, assault and attempting to pervert the course of justice.

He denies all the charges and is on trial at the High Court at Auckland.

Constable Harris said the senior officer spoke with Hill for up to 15 minutes after the accident before coming over and speaking to him.

"I don't recall the dialogue we shared but I do remember a verbal from [name suppressed ] saying "you need to say this in case someone saw him get into the patrol car," Constable Harris said today.

He told prosecutor Stuart Grieve QC he believed the senior officer " ...was helping us make the situation so we wouldn't get in trouble."

Asked who he was helping he replied: "Mr Hill".

As he and Murphy drove back to the police station they talked about what happened and what they were going to do about it.

He told the court they decided not to record the assault in their job sheets but couldn't remember who decided to leave out the bit about the assault.

"[I] Can't recall if I followed Benson's lead. I can't say that it was Benson that initiated that."

Constable Harris and Murphy were both convicted last year of conspiring to defeat the course of justice in relation to the incident. The Solicitor General has granted them immunity from prosecution if they give evidence against Hill.

John Haigh QC, representing Hill, asked Constable Harris if Hill ever asked him to give a false statement or leave out the assault.

He said Hill never told him to leave anything out or lie about the assault but he believed the senior officer meant that when he spoke to him.

Mr Haigh asked him how that was the case when [name suppressed] didn't mention an assault.

Constable Harris said he believed the officer was talking about the assault.

Mr Haigh put it to him that his original statement to police, minus the assault claims, was correct - but he denied that.

"I done a false statement, so none of the police would get in trouble."