Hung jury in case against policeman

George Tipene Harris. Photo / Supplied

The jury deciding the case of the police officer accused of covering up of the circumstances leading to the death of a man fleeing custody has been unable to return a verdict.

Clinton Lyall Hill is charged with assaulting George Harris before Mr Harris escaped and was hit and killed by a truck about 4.30am on October 3, 2004.

Hill is also charged with attempting to pervert the course of justice.

He was an off-duty constable who had arrested Mr Harris for allegedly trying to steal his cell phone. He denies there was ever an assault or a cover up.

Two other constables who were with him changed their evidence in 2008 and said they had given false statements as part of a cover up and that Mr Harris fled after being beaten by the accused.

They were sentenced in August 2008 to 15 months jail, reduced on appeal to home detention.

The jury went out at 2pm yesterday and deliberated until 9pm last night. They returned to deliberate again this morning but at about mid-day told Justice John Priestley that they were unable to reach a decision.

The case has been set down for a call-over in March next year.

The Solicitor General will now decide whether or not there is a retrial.

Hill has also been previously charged with manslaughter but was found not guilty. Justice Priestley had suppressed the manslaughter charge while the trial was being heard but lifted it at the High Court at Auckland today.