It was the Crown case during the arrest, Morgan punched Sinclair once and then allegedly struck him to the head with a 40mm sponge round launcher.
“You will hear from Waetford about the way [Morgan] held the launcher using two hands, striking [Sinclair] over the head in a way that was no accident,” Danica Soich told the jury in her opening statements.
But it was the defence case, the launcher had swung from Taylor’s shoulder and hit Sinclair in the head accidentally.
“What is the issue in this trial?” Morgan’s lawyer Mathew Ridgley said to the jury.
“There’s been no assault here with the weapon, there’s been no intentional application of force with a weapon. There’s going to be no dispute during this arrest Mr Sinclair suffered an injury.
“The issue from the defendant is how did that injury occur? In what circumstances?”
After hearing similar evidence as the first trial, including from constable Waetford, the jury decided the crown had not proved their case beyond reasonable doubt and found Morgan not guilty.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.