Police are expecting to re-interview a woman in a Hastings homicide inquiry after her courtroom retraction of claims her fiance's death was caused by a punch from his uncle.
The end came late yesterday when manslaughter-accused Andrew Noel Bell, 55, was discharged by Justice Jillian Mallon on the second day ofa trial in the High Court in Napier relating to the death of 38-year-old Shawn Ian Brooking, who lived in Havelock North with his son. Defence counsel Tony Snell, who was assisted by Matthew Phelps, said outside the court: "It's sad that Mr Bell, who is clear he didn't do it, has been put through an exceedingly difficult 10 months before his innocence is proven." Police inquiry head Detective Sergeant Mike Foster, of Hastings CIB, said "we are going to be re-speaking with people," but police were not looking for anyone else, and do not believe the "Maori guy" initially pinpointed actually existed. "We are in the process of assessing where we go from here," he said. Bell had denied the charge resulting from an alleged assault in Karamu Rd, Hastings, early on the morning of November 29 last year, after which Mr Brooking fell to the pavement, never regained consciousness and died in Wellington Hospital two days later. The discharge came from a successful application by Mr Snell that there was no case to answer, following the retraction by Mr Brooking's partner, Karen Black, 48, of Hastings. Having at one stage maintained Mr Brooking was punched by a stranger as the three walked to Mr Bell's home after drinking at several Hastings bars, she told the jury of seven men and five women Messrs Brooking and Bell had been walking behind her and it was "Uncle Andy" who threw the punch after arguing about the sale of a van. Later in the day she told the court "I didn't do it", and following further cross-examination by Mr Snell yesterday conceded she and Mr Brooking had been arguing. She told Justice Mallon she had not seen Mr Bell hit Mr Brooking, and that Mr Bell was some distance ahead, and was not present at the point the victim hit the ground. Miss Black was the second of 10 scene and inquiry witnesses who were to have been called by Crown prosecutor Clayton Walker.
