A former soldier has been cleared of kicking an elderly Lower Hutt man off his bike and causing his death.
The jury in the High Court in Wellington this afternoon was quick to return not guilty verdicts against Todd Young, 24 on charges of manslaughter and causing grievous bodily harm
to William McEwen, 76, in December 2008.
Spontaneous clapping erupted from Young's supporters as the verdicts were returned and after leaving the court an emotional Young embraced family and friends who had grouped in a circle around him.
Mr McEwen fractured his nose right collar bone and three ribs, and suffered bleeding to his brain after falling from his bike. He died from a brain haemorrhage six days later.
The Crown had alleged Young, who had served in the armed forces in Afghanistan, deliberately kicked Mr McEwen's cycle, knocking him off, while he was riding in Lower Hutt in December 2008.
Earlier in the day the defence in summing up questioned the reliability of the two teenaged crown witnesses who claimed to have seen Young kick the bike.
"Serious contradictions" between what the teenagers had said to police, at depositions hearings and at the High Court meant their evidence could not be relied upon, Donald Stevens QC said.
Expert evidence from a private crash investigator also suggested the bike had not been kicked but that the crash was instead as a result of an accidental collision.
The defence also suggested that Mr McEwen may have suffered from a stroke causing him to lose control of the bike
In summing up Justice Jillian Mallon said the jury should not be swayed by sympathy for either Young or Mr McEwen.
She also said the jury should be aware that witness accounts may not always be accurate.
"Honesty and reliability are two different things."
A person may believe what they are saying to be the truth when in fact they are mistaken, Justice Mallon said.
- NZPA
