Two men have been found not guilty of attempting to murder gay waiter Stephen Byrne but have been convicted of assaulting him.
Phillip James Taylor, aged 26, and Andrew Andre Poki, 20, both of Papakura, were acquitted on Saturday of the charge after a jury had deliberated for more than six hours in the High Court at Auckland.
Poki was convicted of causing Mr Byrne grievous bodily harm, and of aggravated robbery.
Taylor had admitted grievous bodily harm charge, and was convicted on that charge.
The pair will be sentenced next month.
People on their way to work found Mr Byrne badly beaten in Fort Lane, central Auckland, on March 24.
Part of his brain was removed to save his life.
Crown prosecutor Brian Dickey said in his closing address on Friday that Mr Byrne was beaten almost to death because he was gay.
He was stomped on, had his head driven into a wall and was smashed headfirst into the ground. Mr Byrne was said to have tried to kiss Poki.
The attack was motivated by hatred and insecurity, said Mr Dickey.
Steve Cullen, appearing for Taylor, accused Poki of being "a rotten little weasel" and "a squalid person" who was trying to put all the blame for the attack on Taylor.
Poki's lawyer, Chris Comeskey, said Taylor had launched a maniacal attack on Mr Byrne which Poki had tried to stop.
Being gay led to Byrne bashing, says witness
Gay-bashing was assault, not bid to murder, says jury
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