Ex-policeman escapes third trial

George Harris with his partner Nii Enoka and son Julius Harris, taken in 2002. Photo / Supplied

The family of George Harris can now mark his grave with a headstone - seven years after he was allegedly beaten by a police officer, chased and then run over by a truck.

The Harris whanau have sat through two High Court trials, both of which have ended in hung juries.

They have been told the Crown will not prosecute former police officer Clinton Lyall Hill for the third time.

Hill had been charged with Mr Harris' manslaughter, assault and perverting the course of justice. Two separate High Court juries failed to return a verdict on any of the charges and yesterday he walked free.

Mr Harris, 24, had been drinking when he was picked up by Hill, who was off-duty and intoxicated. Hill claimed Mr Harris stole his cellphone. He flagged down a patrol car in the early hours of October 3, 2004.

Former constables Reuben Harris and Benson Murphy were on patrol that morning. They told the court that Hill assaulted Mr Harris in the back of their patrol car before Mr Harris ran off and was hit by a street-sweeper's truck.

Hill denied ever assaulting Mr Harris.

Mr Harris' older sister, Heather Harris, said the family had been holding out hope there would be a third trial with a verdict that would give the family closure.

But when told yesterday that Hill had left the police last month, Ms Harris said she felt some relief.

"So long as the guy is not a cop any more," she said.

She said the trials had caused massive stress on the family and her parents had split up for a while but were now back together.

The Harris whanau is close. Many, including Mr Harris' partner and their now 9-year-old son, Julius, live in the same area of South Auckland.

Ms Harris said it had been the Sunday dinners and playing sport together that enabled them to cope with their loss.

She said her brothers and sisters "each carry their own guilt".

"He needed a ride home but he didn't text ... We all think: 'Why didn't we go out with him?'."

Ms Harris hopes her younger brother will be remembered for his easy-going, friendly nature and not as a man who allegedly stole a cellphone.

She said she hoped the family could now put a headstone on her youngest brother's grave.

"We'll get a nice one with him smiling."

Mr Hill's lawyer, John Haigh, QC, said his client was "very strong".

"Mr Hill maintained his innocence from the very beginning, from the moment he was interviewed, following the incident and he has never wavered."