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Home / Bay of Plenty Times

Ōpōtiki murder trial: Accused told police he was 'pissed' and probably pushed or kicked the deceased

Sandra Conchie
By Sandra Conchie
Multimedia Journalist, Bay of Plenty Times·Bay of Plenty Times·
8 Jul, 2021 10:22 PM5 mins to read

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Murder accused Harry Matchitt is on trial in the Tauranga High Court. Photo / File

Murder accused Harry Matchitt is on trial in the Tauranga High Court. Photo / File

The accused in an Ōpōtiki murder trial was "distraught and teary-eyed" when interviewed by police and told officers he was "pissed" and probably pushed or kicked the deceased.

Harry Clements Matchitt, 52, is on trial in the Tauranga High Court defending a charge of murdering 77-year-old Brian Albert Hilton in 2016.

Hilton died on July 13, 2016, in Tauranga Hospital after he was punched, stomped and kicked during a brutal assault at his Ford St home on July 7, 2016, the Crown alleges.

Senior Constable Nigel Peterson gave evidence yesterday from the two interviews he had with Matchitt in December 2018 about his possible role in the alleged assault.

Peterson read two written signed statements Matchitt gave at Ōpōtiki Police Station on December 6 and 12 in 2018 to the jury.

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When asked whether he contributed to the injuries Hilton suffered, which led to his death, Matchitt replied: "I have nothing to say. Why would I kill an old man?", the jury heard.

Matchitt confirmed he visited Hilton on July 7, 2016, and said he used to check in on him from time to time.

"I never had any issues with Brian and he enjoyed my company," he said.

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"I just hope I didn't go back and do anything but why would I, Brian's a good person."

Defence lawyer Roger Gowing challenged Peterson about the "unfair and misleading" way he interviewed Matchitt given he was the prime suspect.

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It was suggested to Matchitt he was drunk and angry after arguing with his partner earlier that day and went back to Hilton's home about 8.30pm, the jury heard.

Hilton's neighbour earlier gave evidence of hearing banging noises coming from the deceased's home around that same time on July 7, 2016.

Gowing also suggested Peterson had failed to ask Matchitt some of the routine probing questions of any homicide suspect about his movements and actions that night.

"I put it to you that was not a fair way to interview Mr Matchitt. You just made the statement and then asked if he went down to Brian's house without testing his answers."

Peterson rejected the propositions.

Gowing also grilled Peterson on whether he had immediately suggested to Matchitt that he was so drunk he was unable to remember what he did that night.

Peterson replied he could not recall doing so.

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Peterson told Matchitt his DNA was found on two beer bottles inside Hilton's house after the assault, despite him previously denying drinking with the deceased.

Matchitt conceded when he visited he would often have a drink with him, but said the last time he visited the deceased he was "fine", the court heard.

The jury heard Peterson also asked Matchitt whether it was him captured on security camera footage crossing Church St and going into Hilton's home about 8.30pm on July 7.

This footage also showed this person left the deceased's house about an hour later.

Matchitt replied it was probably him crossing the road at that time but he could not remember because it was a long time ago.

When pressed, Matchitt also told the officer he was "pissed and probably pushed him [Brian] over or kicked him and the assault could have been about anything".

"I'm not going to lie. I want to face the charge and get it over ... I am happy to get it off my chest," Matchitt told the officer.

Gowing suggested Peterson was unfair in not giving Matchitt the chance to watch the video and had planted the seed in the accused's mind about his possible guilt.

"Definitely not ... I think we were extremely fair to Mr Mattchitt," Peterson said.

Gowing also suggested Matchitt was not given his legal rights and the statements he made were not read back to him, which Peterson also rejected.

During a discussion with another officer who had known him for 28 years, Matchitt put his face in his hands and looked "emotionally distraught and teary-eyed", Peterson said.

Gowing also challenged Constable Anthony Williams about why he did not press Matchitt to give a videotaped interview on December 6, 2018.

Williams said it was Matchitt's preference to make a written statement instead and he typed up the interview questions asked by Peterson and the accused's responses.

Gowing put it to Williams that the statement was "clearly not a verbatim record" of the entire interview, which the officer denied.

The jury also watched a videotaped interview Matchitt gave to Detective Michael Hayward on September 1, 2016.

Mattchitt told the detective that a few months before the deceased's death, Hilton said people were harassing him and throwing dirt at his house.

"A few people used to hang out with Brian and they would ask him for smokes and things," he said.

Matchitt also said the last time he visited Hilton, which was about five to seven days before his death, he was fine.

The trial continues today.

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